No Anonymity To Instagram Handle Which Made Harassment Claims: High Court

“The accuser cannot be permitted to indulge in guerilla warfare against the accused,” observed the Delhi High Court after Instagram handle Herdsceneand, which had accused artist Subodh Gupta of sexual harassment on the photo sharing app, sought to remain anonymous during a defamation suit filed by the artist.

“The plaintiff [Mr. Gupta], without knowing the identity of defendant No.1 [Herdsceneand], cannot effectively prove the same to be false, motivated and defamatory. Shadowboxing is not permitted in litigation,” Justice Rajiv Sahai Endlaw said, adding that “the plaintiff cannot be compelled to fight ghosts”.

The High Court’s observation came while it was hearing Mr. Gupta’s defamation suit against Instagram handle Herdsceneand and others, seeking ₹5 crore for damage caused to him and his family due to the alleged defamatory posts.