Delhi High Court stays defamation case against RSS functionary, binds Amit Malviya to prior undertaking

January 20, 2026 : The Delhi High Court has stayed further proceedings in a criminal defamation case filed by BJP IT Cell head Amit Malviya against RSS functionary Santanu Sinha, holding that the complainant continues to be bound by an undertaking earlier recorded before the Court.

A single-judge Bench of Justice Anup Jairam Bhambhani passed the order on an application moved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application sought enforcement of the undertaking noted in the High Court’s order dated March 3, 2025, by which Malviya had assured the Court that he would not press the criminal complaint before the trial court while the matter was pending before the High Court.

The dispute stems from Facebook posts allegedly published by Sinha in June and August 2024 in relation to Malviya. During the earlier hearing, Sinha had undertaken to remove the impugned posts in an attempt to resolve the matter amicably. The High Court had recorded that the content was taken down and noted Malviya’s confirmation that all objectionable material had been removed.

In view of this, Malviya had assured the Court that he would seek adjournments before the trial court and request that the criminal defamation case be taken up only after the High Court proceedings concluded. Sinha had also been granted exemption from personal appearance before the trial court until further orders.

Sinha later approached the High Court again, alleging that despite the recorded assurance, Malviya continued to pursue the criminal complaint. The trial court, in the absence of a formal stay order, had observed that it was not restrained from proceeding with the matter. Sinha argued that this conduct amounted to a breach of the undertaking given to the High Court.

Resisting the application, Malviya’s counsel relied on a subsequent Facebook post, which was claimed to be derogatory. Sinha disputed both the allegation and the accuracy of the English translation placed on record. The Court directed Sinha to file what he asserted to be the correct translation and granted time for replies and rejoinders.

The High Court observed that the complainant remained bound by the undertaking recorded in paragraphs 3.1 and 4 of the March 3, 2025 order. It directed that no further progress be made in the criminal defamation proceedings in the meantime. The Court also clarified that since the case arose out of a private defamation complaint under Section 356 of the Bharatiya Nyaya Sanhita, 2023, the State had no role to play in the dispute.

The matter has been listed for further hearing on March 19, 2026, with the High Court retaining oversight to ensure that the undertakings recorded before it are strictly complied with.