2024 Supreme(Mad) 540
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J.
Seva Bharathi, Tamilnadu “SEVA” Second Floor Chennai Rep by its Trustee Rabu Manohar - Petitioner
Versus
Surendar @ Naathikan – Respondent
C.S. No. 60 of 2021
Decided On : 06-03-2024
For the Plaintiff :S. Ravi, Senior Counsel, M/s. Gupta & Ravi, Advocates.
IMPORTANT POINT
The judgment establishes the principle that individuals and organizations are entitled to protection from defamation, especially in the context of social media, and emphasizes the limitations on freedom of expression when it comes to making false and malicious statements that damage reputation.
Headnote:
Defamation - Civil Suit - Original Side of CPC - damages of Rs.1,00,01,000/-; permanent injunction; mandatory injunction - [Order IV Rule 1 of Original Side of CPC] - [Section 65B of Indian Evidence Act, 1872] - [Section 499 and 500 of Indian Penal Code, 1860] - The court awarded damages for defamation, highlighted the importance of protecting reputation, and emphasized the limitations on freedom of expression in the context of social media defamation.
Fact of the Case:
The plaintiff, a charitable trust, filed a suit for damages and injunction against the defendant for posting defamatory and derogatory content on social media, alleging the plaintiff's involvement in a murder and incitement against the Christian community.
Finding of the Court:
The court found the defendant's actions to be defamatory and malicious, causing damage to the plaintiff's reputation and charitable activities. The court emphasized the importance of protecting reputation and limiting freedom of expression in the context of social media defamation.
Issues: Defamation, malicious statements, freedom of expression, damages, permanent injunction
Ratio Decidendi: The court held that the plaintiff was entitled to damages for defamation and granted a permanent injunction, highlighting the limitations on freedom of expression and the need to discourage false and malicious statements circulated through social media.
Final Decision: The suit was decreed for damages of Rs.50 lakhs with costs against the defendant, and a permanent injunction was granted as sought by the plaintiff.
JUDGMENT :
(Prayer: Civil Suit filed under Order IV Rule 1 of Original Side of CPC praying for the following judgment and decree against the defendants.
a) for damages of Rs.1,00,01,000/-;
b) for a permanent injunction restraining the defendant, his agents or anyone acting on the defendant's behalf from posting any messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of threat against the plaintiff;
c) for mandatory injunction directing the defendant to issue a public apology in any national newspaper for the defamatory and derogatory posts against the plaintiff;
d] Awarding cost.)
1. This suit has been filed for damages of Rs.1,00,01,000/- and for permanent injunction restraining the defendant from posting any messages that are defamatory or in the nature of threat against the plaintiff and further for mandatory injunction directing the defendant to issue a public apology to the plaintiff in any national newspaper.
2. The brief facts of the case of the plaintiff is as follows :
It is the case of the plaintiff that the plaintiff is a charitable trust engaged in rendering yeoman service for the poor and needy belonging to all sections of the society. It runs various educational and other charitable institutions which provide education and relief to destitute women and the needy. The plaintiff has got a very good reputation in the society. When the matter stood thus, the defendant with a malafide intention telecasted a video in Youtube during the first week of July 2020 under the banner of Karuppar Desam, wherein, the defendant has made completely false, baseless and defamatory allegations against the plaintiff with regard to the alleged murder of two persons inside the police station. It is further stated and alleged in the video, as if, the plaintiff is supported by RSS and he may aim to eliminate the Christianity religion and therefore, the murder has took place and it is further alleged that the plaintiff had deliberately conspired and murdered Mr.Jayaraj and Mr.Bennix, because they belong to Christianity. It is also the case of the plaintiff that the statement and allegations made in the video, is, in fact, is nothing but incitement against the entire Christian community. The plaintiff was portrayed in a bad light in the eye of public. The statement has come up as if the plaintiff has conspired and murdered Mr.Jayaraj and Mr.Bennix, that too in the police custody. Hence, the plaintiff filed the suit claiming damages.
3. Defendants remained ex parte, despite service of summons. On the side of the plaintiff, the plaintiff examined himself as P.W.1 and Ex.P.1 to Ex.P.9 were marked. P.W.1 – Mr.Rabu Manohar
| S.No. | Date | Description of documents | Exhibit |
| 1. | - | Pamphlet issued by the plaintiff | P-1 |
| 2. | - | Pamphlet issued by the plaintiff | P-2 |
| 3. | - | Pamphlet issued by the plaintiff | P-3 |
| 4. | - | Pamphlet issued by the plaintiff | P-4 |
| 5. | - | Booklet issued by the plaintiff | P-5 |
| 6. | - | Extract of the Tamil Speech made by the defendant in Youtube under the banner of Karuppar Desam along with the Compact Disc | P-6 |
| 7. | 31.08.2020 | Legal notice issued to the defendant along with AD card | P-7 |
| 8. | 14.09.2022 | Letter from the defendant to the plaintiff cousel | P-8 |
| 9. | 19.10.2020 | Board Resolution of the plaintiff | P-8 |
4. Heard the learned senior counsel for the plaintiff and perused the records.
5. P.W.1, in his evidence, has clearly spoken about the nature of the allegations pressed against the plaintiff by the defendant in the social media platform namely Youtube. To substantiate, Compact Disc along with 65B Certificate is also filed before this Court. The nature of the statement targeted against the plaintiff, published and telecasted in social media is not even denied by the defendant. The very conduct of the defendant remaining absent indicate that the allegations as against the defendant has not been traversed nor