Remove false statements against Chandigarh Club president, orders court

Reputation is a crucial factor in society and cannot be harmed by unsubstantiated content, observed Ajay Civil Judge Senior Division while restraining Kawaljit Singh Walia, a resident of Sector 36, Chandigarh, from issuing defamatory, false, unverified and unauthenticated statements on their social media accounts against Sandeep Sahni, president, Chandigarh Club, till the final decision of a civil suit.

The court passed the order on a suit filed by Sandeep Sahni through counsels Sunil Toni against Walia. The court also directed for removal of unverified, unauthenticated and defamatory statements/content within three days from the date of order. Sahni prayed before the court to restrain the defendant from publishing and circulating the defamatory and unverified, statements on their social media accounts as well as in the newspaper and other print media. He also requested for direction to remove the defamatory statements on their social media accounts as the same has caused damage to his reputation.

Sahni’s counsel said he is the president of Chandigarh Club for many years and the defendant intentionally circulated and published the content when the election was announced in order to undermine the image in the eyes of the club members.

On the other hand Walia in his reply said that Sahni and others are misusing the judicial order of court as the club elections are scheduled for November 16, 2024, and to defeat the purpose of an honest team to be elected for the purpose of transparency. Walia prayed before the court that the present suit along with the application may be dismissed.

After hearing of the arguments the court while relying upon an judgment passed by the Hon’ble Delhi High Court in a case title Vinai Kumar Saxena V Aam Aadmi Party has held that the right to freedom of speech and expression is not an unfettered right in the garb of which defamatory statements can be made to tarnish the reputation of a person.

The fundamental right to freedom of speech has to be counterbalanced with the right of reputation of an individual which has been held to be a basic element of the right to life consecrated in Article 21 of the Constitution of India.

The court said in view of the settled law, it becomes clear that reputation is a crucial factor in society and it cannot be harmed, tarnished/maligned by unsubstantiated content. The court said Sahni is the president of the Chandigarh Club and he has every right to protect their reputation. In the light of discussion, the application allowed qua defendant No.1 ( Walia) only.

Accordingly, Walia is restrained from publishing and circulating the defamatory, false, unverified, unauthenticated and unsubstantiated statements on his social media accounts such as WhatsApp, Facebook, Instagram as well as in the newspaper and other print media during the pendency of the present suit.

He is further directed to remove the unverified, unauthenticated and defamatory statements/content on his social media accounts within three days from the date of order.