HC asks ex-finance secretary to mute 'defamatory' remarks against BJP MP Nishikant Dubey in podcast

New Delhi: The Delhi High Court on Tuesday asked former finance secretary Subhash Garg to block or mute certain allegedly objectionable remarks made by him against BJP MP Nishikant Dubey on a podcast.

Justice Tushar Rao Gedela told Garg to take steps to beep or block the objectionable remarks in the podcast hosted by a YouTuber.

TMC MP Mahua Moitra's counsel also assured that she would remove certain related allegedly defamatory posts on 'X'.


The judge issued summons to Garg and Moitra on Dubey's defamation lawsuit seeking permanent and mandatory injunction against them from casting aspersions on him, an apology and damages of Rs 2 crore, and asked them to file their replies.

Even as the counsel for the defendants sought time to file a response, claiming that the lawsuit "did not paint the correct picture", the court asked if they can restrain themselves from further disseminating the content in the meantime.

The court emphasised that it was aware that both the plaintiff and the former finance secretary were persons of repute and the latter should not have used an "intemperate word" in the podcast.

"You cannot use a word like this. Suppose someone said ...(that to you) will you take that lightly? ... You cannot use the word. It is absolutely derogatory. You cannot call anybody by that name. Rest of the things it is debatable issue," the court orally observed during the hearing.

After taking instructions, Garg's counsel assured that he would contact the podcast host to mute certain allegedly defamatory phrases in the podcast.

The BJP leader has alleged that Garg, in a podcast/interview, made false and malicious imputations against him on September 17, which was published and circulated to the public on YouTube, Facebook and other digital platforms.

Before approaching the high court, Dubey had sent a legal notice to Garg on September 21, demanding immediate withdrawal, retraction and takedown of the alleged defamatory imputations.