2nd Additional Munsiff Jammu Jeewan Kumar Sharma today restrain Inpsector General of Police Basant Rath not to publish any post or material by any means of communication which is defamatory or derogatory against six persons who claimed to be “acquainted with the current Director General of Police, Dilbagh Singh.”
This significant order has been passed in a suit filed by Parveen Kumar Mittal (businessman dealing in Plywood Manufacturing), Virender Dubey (Medical practitioner), Saurabh Dang (businessman), Rahul Bansal (businessman), Davinder Verma (businessman) and Amit Kohli (businessman) seeking injunction restraining the defendant from posting any defamatory, derogatory, libel or slanderous posts, material on social media such as twitter, Facebook, Instagram or any other available social media platform with regard to plaintiffs and a further decree in the nature of mandatory injunction directing the defendant to withdraw the defamatory posts made by defendant on social media platform live facebook, twitter, Instagram or any other platform.
2nd Additional Munisff Jammu Jeewan Kumar Sharma after hearing Adv Pranav Kohli for the plantiffs observed that The plaintiffs alongwith their plaint have annexed a photocopy of various screenshots of the posts allegedly made by the defendant on social media platforms. The posts when are read by a person of ordinary prudence, it does not disclose any thing which disrepute the character or image of the plaintiffs in the society but in the posts the names of the plaintiffs have been mentioned occasionally and connecting one “Dilloo” (alleged by the plaintiff to be present DGP of J & K Police, namely, Sh. Dilbagh Singh) with the plaintiffs. L/C for the plaintiffs has argued that the posts made by the defendants also amounts to innuendo as the posts/statements made by the defendant may seem to be innocent but because of some latent or secondary meaning may be considered to be defamatory. L/C for the plaintiffs has also argued that the defendant in one of his post has connected Plaintiff no.2, namely, Virender Dubey with a Dairy Farm Phallian Mandal, but the plaintiff no.2 is a doctor by profession. Similarly the counsel for the plaintiffs has also referred other posts connecting the plaintiffs. All the posts annexed herewith the plaint have been perused. Under Article 19 of the Constitution of India the freedom of speech and expression is a fundamental right and as such the defendant being a citizen of India also has his fundamental right of freedom to speak and express but the right can be exercised within the four corners of the reasonable restrictions itself imposed by Article 19 and the posts made by the defendant should not be derogatory or defamatory with respect to the plaintiffs. Although the alleged social media posts of the defendant seem to be innocent but it is argued that the same has a secondary and latent meaning which is derogatory and defamatory against the plaintiffs. It is the plaintiff who has to prove by way of evidence that the alleged posts of the defendant on social media are defamatory against him but at the same time the defendant has a legal duty not to publish a post which is defamatory against the plaintiffs and if he is allowed to do so an irreparable loss shall be caused to the plaintiffs.
Court further observed that in view, of the facts and circumstances of the case, this Court is satisfied that the applicants/plaintiffs have a prima facie case in their favour and balance of convenience also lies in their favour. If the interim relief, whatever is necessary, is not granted to the applicant, they shall suffer an irreparable loss which cannot be compensated later on and issue notice to the other side to file written statement in the main suit as well as objections in the application for grant of temporary injunction. In the meanwhile defendant is directed not to publish any post or material by any means of communication which is defamatory or derogatory against the plaintiffs which has an effect of injuring the reputation of the plaintiffs in the society till next date of hearing. This order is however, subject to objections from the other side. JNF