New Delhi: A Delhi court has found a man guilty of defaming a retired Indian Army officer and his son through messages posted in a WhatsApp group.Observing that every individual is vested with an intrinsic right to reputation, which is recognised as an integral part of the right to life under Article 21 of the Constitution of India, the court of civil judge Nishant Bangarh said “no one can be allowed to harm the reputation of another person.“Ordering the accused to pay Rs 60,000 in damages to colonel BS Chaudhary (retd) and his son Jasbir Chaudhary, the court also directed the accused, RN Yadav, to tender an unconditional apology on the same WhatsApp group.The court was hearing a suit seeking recovery of damages for defamation and a permanent injunction for messages sent by Yadav to the Chaudharys in 2022 in a WhatsApp group ‘Shivalik Friends Forum’. The residents of Shivalik Apartments in Dwarka were its members.The messages pertained to Chaudhary’s conduct as secretary of the residential society managing committee.Categorising the messages as sufficient to harm the reputation of Chaudhary, who enjoys a reputation in society as he served as a colonel in the Indian Army and also as a special metropolitan magistrate, the judge ruled that since the messages were sent on a group that included other members of the residential society, it amounted to publication in the “public domain”.
