The Delhi High Court has stayed further proceedings against RSS functionary Santanu Sinha in a criminal defamation case filed by BJP IT Cell head Amit Malviya, holding that the complainant remained bound by an undertaking previously recorded before the Court.
The single-judge Bench of Justice Anup Jairam Bhambhani passed the order on an application filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking enforcement of an undertaking recorded in the High Court’s earlier order dated March 3, 2025.
The petitioner sought a restraint on Malviya from advancing the criminal complaint pending before the trial court, contending that the complainant had undertaken to defer proceedings before the lower court pending adjudication before the High Court.
The dispute arose from social media posts allegedly published by the petitioner on Facebook in June and August 2024 concerning the complainant. During earlier proceedings, the petitioner undertook to remove the posts to bring the controversy to an amicable resolution. The High Court recorded compliance with the undertaking and noted that the complainant had verified the removal of all impugned content.
Consequently, the complainant had assured the High Court that he would seek an adjournment before the trial court and request that hearings in the criminal defamation complaint be scheduled after the High Court proceedings. The petitioner was also exempted from personal appearance before the trial court until further orders.
The petitioner later re-approached the High Court, asserting that the complainant continued to press the criminal complaint despite the undertaking, leading the trial court to observe that there was no express stay operating against the proceedings. It was contended that this conduct undermined the assurance recorded by the High Court.
Opposing the application, counsel for the complainant relied on an alleged subsequent Facebook post claimed to be derogatory. The petitioner disputed the allegation and objected to the accuracy of the English translation placed on record. The High Court accordingly directed the petitioner to file what he asserted to be the correct translation and granted time for replies and rejoinders.
The Court observed that the complainant remained bound by the undertaking recorded in paragraphs 3.1 and 4 of the March 3, 2025 order and directed that no further progress be made in the criminal defamation proceedings in the interim. It further clarified that, since the prosecution arose out of a private defamation complaint under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, the State had no participatory role in the dispute.
The matter has been listed for further hearing on March 19, 2026, with the High Court retaining oversight to ensure compliance with the undertakings recorded before it.
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