SC declines urgent hearing of plea against gag order on media in Dharmasthala burial case

New Delhi/Bengaluru

The Supreme Court on Wednesday declined to entertain a petition challenging a sweeping ex-parte gag order passed by a Bengaluru civil court restraining the media from publishing allegedly defamatory content against Harshendra Kumar D, the brother of Dharmasthala Dharmadhikari D Veerendra Heggade, in connection with the ongoing controversy surrounding alleged burials in the temple town.

The matter was mentioned for urgent listing before Chief Justice of India B.R. Gavai. However, the CJI advised advocate A. Velan, appearing for the petitioner—YouTube channel Third Eye—to first approach the Karnataka High Court. However, a press release issued by the advocate stated that the matter will be listed again (not urgent hearing) in two or three days.

The petition had sought an interim stay on the July 18 civil court order, which not only barred the publication of content related to the case but also directed the removal of any previously published material by media houses across the country.

Calling the order “sweeping” and obtained through “abuse of judicial process,” the petition argued that the directive curtails the constitutional right to freedom of speech and the press under Article 19(1)(a), and violates the principles of natural justice and due process enshrined in Article 21.

“The order secured through material misrepresentation obstructs a high-level State criminal investigation into allegations of mass burials and serious crimes linked to the influential Dharmasthala temple,” the plea stated.

The Karnataka government has already constituted a Special Investigation Team (SIT) to probe the burial allegations. The gag order, however, has raised concerns over the media’s ability to report on developments related to the ongoing investigation.

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