A Delhi court recently found a man guilty of defaming a retired Army officer and his son via messages on a WhatsApp group..Civil Judge Nishant Bangarh of Dwarka court directed accused RN Yadav, found guilty of defaming Colonel BS Chaudhary (retd.) and his son Jasbir Chaudhary, to pay ₹60,000 in damages to them and also ordered him to tender an unconditional apology on the same WhatsApp group.The Court ruled that since the messages were sent on a group which included other members of residential society, it amounted to publication in 'public domain'.“Every individual is vested with an intrinsic right to reputation which has been recognized as integral part of right of life under Article 21 of the Constitution of India. Hence, no one can be allowed to harm the reputation of the other person. Accordingly, the case of injunction is also made out in favour of the plaintiffs,” the Court ruled as it restrained Yadav from posting any false or defamatory posts against the father and son duo..The suit seeking recovery of damages for defamation and permanent injunction revolved around messages sent by Yadav against Chaudharys in 2022 in the group Shivalik Friends Forum. Residents of Shivalik Apartments in Dwarka were its members. The messages pertained to Chaudhary’s conduct as secretary of the residential society managing committee.Chaudharys approached the Court seeking ₹1 lakh in damages and a permanent injunction in their favour. They also sought an apology on the same WhatsApp group..The Court found that though the messages in the group pertained to campaigning of the managing committee elections, Yadav had dragged Chaudharys into the conversation by leveling allegations against them.“It clearly appears that defendant was trying to disclose the conduct of plaintiffs for the purpose of harming their reputation for gaining advantage in the elections,” the Court said in the judgment passed on September 10..On the contents of the messages, the Court opined that they were sufficient to harm the reputation of Chaudhary, who enjoys high reputation in society as he has served as Colonel in the Indian Army and also as a Special Metropolitan Magistrate.“He has earned a notable position for himself in the society though he has already been retired, but the person of his stature are held in high esteem in the society and also considered to be role model by others in society, levelling allegations of misbehaving with the person holding higher post in hierarchy of committee i.e. a lady president, dents the very foundation of the personality of the army officer, because Indian Army is regarded an institution in which strict adherence to the protocol of respecting senior officer is observed with utmost sincerity,” it added.Further, the Court said that the allegations like not cooperating with the managing committee and not working for betterment of society, shifting the property of society near his house for his own convenience, he and his son misbehaving with children playing near his house and threatening the contractor are the allegations which are sufficient for harming the reputation of a person of such a stature.Consequently, the Court decreed the suit in favour of Chaudharys..[Read Judgment]
