#MeToo: Can't permit 'guerilla warfare' by allowing anonymity to accusers, says HC

Persons making allegedly defamatory or motivated statements cannot be permitted to indulge in "guerilla warfare" and be the judge in their own case by seeking anonymity and not giving an opportunity to the accused to defend, the Delhi High Court has observed.

Maintaining anonymity of identity in a litigation appears to run counter to Indian jurisprudence of adversarial nature of judicial proceedings, fairness of procedure and equality of opportunity to all parties, the high court said.

Justice Rajiv Sahai Endlaw made these observations while hearing submissions on behalf of Instagram handle Herdsceneand - which sought to maintain anonymity in a suit filed against it by artist Subodh Gupta seeking removal of the allegedly defamatory content made against him on social media.

In the interim, the court permitted the Instagram account handle to file in a sealed cover its reply and 'vakalatnama' (document empowering a lawyer to act for and on behalf of his client) to maintain its anonymity .