A Delhi court ordered RN Yadav to pay Rs 60,000 and issue an apology for defaming Colonel BS Chaudhary (Retd.) and his son in a society WhatsApp group. The court held that the posts damaged their reputation and violated their right to dignity under Article 21.
New Delhi: A Delhi court has held a man guilty of defaming a retired Army officer and his son by posting objectionable messages on a WhatsApp group of their residential society.
Civil Judge Nishant Bangarh of Dwarka Court directed the accused, RN Yadav, to pay damages of Rs 60,000 to Colonel BS Chaudhary (Retd.) and his son Jasbir Chaudhary.
The Court also ordered Yadav to tender an unconditional apology in the same WhatsApp group where the defamatory posts were made.
The Court observed that the messages were circulated in a WhatsApp group of residents of Shivalik Apartments, Dwarka, called Shivalik Friends Forum. Since the group had several members, the court said it amounted to making the statements in the public domain.
The Judge remarked,
“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 Chaudharys had filed a civil suit in 2022 seeking damages of ₹1 lakh and a permanent injunction against Yadav.
They also demanded that Yadav be directed to post an apology in the same WhatsApp group where he had allegedly made defamatory statements. The Court partly allowed their claim by awarding them Rs 60,000 along with the injunction and apology.
The Court noted that the messages by Yadav were connected to campaigning for elections of the managing committee of the residential society. However, he targeted the Chaudharys personally and levelled allegations against them.
The Judge wrote,
“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.”
After examining the contents of the posts, the Court said they were damaging to the reputation of Colonel Chaudhary, who had served in the Indian Army and also held the position of Special Metropolitan Magistrate. The Court highlighted his standing in society, stating,
“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.”
The Court also referred to the specific allegations made by Yadav in the group, such as Colonel Chaudhary and his son not cooperating with the managing committee, not working for the welfare of society, shifting society property near their house for personal convenience, misbehaving with children playing nearby, and threatening a contractor.
The Court said these charges were serious enough to cause harm. It stated,
“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.”
In conclusion, the Court decreed the suit in favour of the Chaudharys, restraining Yadav from making any further false or defamatory statements against them and directing him to issue a public apology in the WhatsApp group.
Case Title:
Col BS Chaudhary and Another vs RN Yadav
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