Gujarat HC Refuses to Quash FIR Against Surat Activist Over AI-Generated Defamation Content

AHMEDABAD/SURAT : The Gujarat High Court has refused to give relief to Sanjay Bhargava Ezhava, rejecting his plea to quash an FIR registered over allegedly defamatory AI-generated social media content concerning Iqbal Kadiwala, a nursing union leader at Surat’s New Civil Hospital.

Justice M R Mengde observed that the crucial question—whether Ezhava created the disputed content using Artificial Intelligence or merely posted material that was already circulating online—can only be established after the investigation is completed.

The court, therefore, declined to interfere with the FIR at the present stage and dismissed Ezhava’s petition along with the related interim application.

The case stems from a complaint filed by Kadiwala, following which Khatodara Police Station registered an FIR on July 27, 2026, invoking Sections 336(4) and 356(3) of the IPC, as stated in the case record.

During the hearing, advocate Vishal J Dave, appearing for Ezhava, argued that the audio-visual content had already been widely circulated on social media and was not created by his client. The defence also contended that the alleged defamation offence under Section 356(3) was non-cognizable and that police could not directly register an FIR without court permission.

The prosecution took a different position, arguing that Ezhava’s social media post itself indicated that the content had been created with the assistance of AI, bringing the matter within the ambit of Section 336(4).

The State further argued that where multiple offences are alleged and at least one is cognizable, registration of an FIR is permissible. It opposed quashing the case, stressing that the investigation was still underway.

The High Court found that the disputed issue required factual investigation.

“Whether the content was actually prepared by the applicant with the help of Artificial Intelligence or whether he only posted content already available on social media will become clear only after investigation,” the court observed.

The court said it was therefore not appropriate to reach a final conclusion on the issue at this stage.

Senior advocates Mitesh Amin and Rahul Dholakia represented the respondent, while Public Prosecutor Hardik A Dave appeared for the State.

With the petition dismissed, the investigation into the alleged AI-assisted content and its circulation can now proceed.