Bombay High Court

MS. POONAM KAURversusMINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (MEITY) AND ORS

Decided: 28 January 2026
Disposal: Disposed off as Withdrawn
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The High Court held that writ jurisdiction does not extend to grant injunctions for defamation; the appropriate remedy is a civil suit.

Summary

Petitioner Poonam Kaur filed a writ petition alleging that Respondent No.2 had published defamatory statements about her on various social media platforms and sought a restraining order against Respondent No.2 and Respondents 3, 4 and 5. The High Court examined whether such relief could be granted under its writ jurisdiction. The Court held that the writ jurisdiction is not the appropriate forum for granting an injunction in defamation matters arising from social media. It directed that the petitioner should institute a civil suit where an injunction and damages can be claimed. Consequently, the petitioner’s counsel withdrew the writ petition, seeking liberty to pursue the appropriate remedy. The petition was therefore disposed of as withdrawn.

Issues considered

Whether a writ petition under Article 226 can be entertained to grant an injunction restraining defamatory statements on social media.
Whether the High Court has jurisdiction to award relief for defamation in a writ proceeding.

Subjects

defamation
social media
writ petition
injunction
jurisdiction
civil remedy

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.02.02
          11:58:25
          +0530
                                                   1/1                23 WP.5424.2022.odt

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO. 5424 OF 2022
                       Poonam Kaur                               .. Petitioner
                            Versus
                        Ministry of Electronics & Information
                        Technology (MEITY) & Ors.               .. Respondents
                                                     …
                       Mr. Asim Sarode (through V.C.) for the Petitioner.
                       Mr. Rui Rodrigues a/w Samita Thakur, for Respondent No. 1.
                       Mr. Kedar Dighe, Addl.G.P. a/w Ms V. R. Raje, AGP, for the
                       Respondent – State.
                       Mr. C. Keswani (through V. C.) i/by Economic Laws Practice,
                       for Respondent No. 3.
                                                     …
                                         CORAM: BHARATI DANGRE &
                                                  MANJUSHA DESHPANDE, JJ.
                                         DATED : 28th JANUARY, 2026

                       P.C:-

                       1.      On being confronted with the reliefs in the Petition, as
                       the Petitioner alleges publication of certain defamatory
                       statements on various social media platforms at the instance
                       of Respondent No. 2, and the Petition seek a restrain order
                       against Respondent No. 2 as well as Respondent Nos. 3, 4 and
                       5, when we indicated to Mr. Sarode, learned counsel for the
                       Petitioner that the said reliefs cannot be granted in exercise of
                       our writ jurisdiction and the remedy open to him is Cling of a
                       suit in which such restrain order can be sought and even
                       compensation can be prayed for, Mr. Sarode seek withdrawal of
                       the proceedings with liberty to avail such appropriate remedy
                       as is available to the Petitioner in law. The Writ Petition is
                       disposed of as withdrawn with liberty as prayed for.



                       (MANJUSHA DESHPANDE, J.)                (BHARATI DANGRE, J.)

                       Rushikesh

Continue reading with your account

Checking your session…