Supreme Court Directs YouTube Channel to Approach High Court in Dharmasthala Burials Case

Quick Summary

• Teh supreme Court of India declined to hear a challenge against an “ex-parte” gag order by a Bengaluru civil court, restraining media outlets from publishing defamatory material against Harshendra Kumar D., brother of Dharmasthala pattadhikari D. Veerendra Heggade.
• The gag order is linked to allegations surrounding mass burials and serious crimes in the Dharmasthala temple town, currently under examination by a Special Investigation Team (SIT) appointed by the Karnataka government.
• Chief Justice B.R. Gavai directed petitioners-represented by advocate A. velan and associated with YouTube channel Third Eye-to approach the Karnataka High Court first before bringing the case to the Supreme Court.
• Petitioners argued that the gag order obstructs freedom of speech under article 19(1)(a) and natural justice rights under Article 21, alleging misuse of judicial process and misrepresentation by plaintiffs who secured this order.

Indian Opinion Analysis
The Bengaluru civil court’s sweeping gag order raises critical questions about balancing individual reputations with press freedom guaranteed under Article 19(1)(a) of the Constitution. While courts hold authority to protect individuals from defamation, blanket restrictions on media reporting may interfere with public access to facts concerning ongoing criminal investigations-especially one as significant as alleged mass burials connected to influential figures or institutions like Dharmasthala temple management.

That said, directing petitioners toward state-level judicial avenues aligns with procedural norms; higher courts often advise litigants to exhaust remedies in subordinate jurisdictions first for better scrutiny at initial stages.

The Karnataka government’s decision to constitute an SIT suggests acknowledgment of gravity in these allegations-an essential pathway for fact-finding over speculation while retaining institutional credibility during such sensitive cases.

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