In a significant ruling, the Allahabad High Court, on October 4, 2024, acknowledged the potential damage caused by defamatory posts on social media and granted interim relief in favor of Awanish Kumar Awasthi, the petitioner, in the case of MATTERS UNDER ARTICLE 227 No. – 4836 of 2024. The court restrained the respondent, Dr. Nutan Thakur, an advocate and activist and her husband Dr Amitabh Thakur, from publishing any further defamatory content against the petitioner on any public platform, including social media, until the next hearing.
Background of the Case:
Awanish Kumar Awasthi, a senior bureaucrat, filed a suit seeking a perpetual and mandatory injunction against Dr. Nutan Thakur. The case stemmed from a series of social media posts made by Dr. Thakur, alleging that a substantial sum of money had been stolen from Awasthi’s residence in Uttarakhand. These posts were widely circulated across social media and digital news platforms, tarnishing Awasthi’s reputation.
On September 25, 2024, the petitioner sent a legal notice to Dr. Thakur, demanding she cease making such defamatory remarks. In response, Dr. Thakur initially issued a public apology, acknowledging the post’s harmful nature and claiming to have removed the defamatory content from her social media accounts. However, despite the apology, she allegedly continued to make further derogatory statements against the petitioner, prompting Awasthi to approach the court for relief.
Legal Issues Involved:
The main issue before the Allahabad High Court was whether an interim injunction could be granted to prevent further defamatory statements against the petitioner on social media platforms while the main case was still pending in the trial court. Awasthi argued that these statements were causing significant harm to his reputation and that an immediate injunction was necessary to prevent further damage.
The petitioner’s counsel, led by Senior Advocate Sri Jaideep Narain Mathur, assisted by advocates Abhinav Bhattacharya, Aishvarya Mathur, and others, argued that the posts were prima facie defamatory and that the trial court should have issued an ex parte ad interim order to prevent further harm.
Court’s Decision:
The Justice Subhash Vidyarthi, who presided over the case, acknowledged the seriousness of the matter and the potential for irreparable harm caused by defamatory posts on social media. In his observation, Justice Vidyarthi stated:
“As the posts published by the opposite party prima facie appear to be defamatory and prejudicial to the reputation of the petitioner, a prima facie case for the grant of interim relief is made out.”
The court emphasized the legal provisions under Order 39 Rule 2 of the Civil Procedure Code (CPC), which allows for the issuance of a temporary injunction to restrain a defendant from committing further harm. It found that the balance of convenience favored the petitioner, as he was likely to suffer greater inconvenience and irreparable loss if the defamatory statements continued. Justice Vidyarthi noted that damage to one’s reputation cannot be easily compensated by monetary means.
Based on these findings, the court issued an interim order restraining the respondent from publishing any content that could harm the petitioner’s reputation until the case is heard further.
Key Observations:
1. The court recognized the harm caused by defamatory statements on social media, stating that such posts can have a severe and irreparable impact on a person’s reputation.
2. The balance of convenience was found to favor the petitioner, as the continued publication of defamatory statements posed a greater threat to his reputation than the inconvenience caused to the respondent by the issuance of the injunction.
3. The court highlighted that while the trial court proceedings would continue, this interim order would prevent further defamatory content from being shared publicly, protecting the petitioner from ongoing harm.
The court has directed the respondent to file a counter-affidavit within three weeks, with the next hearing scheduled for November 18, 2024. The interim order will remain in place until then. The trial court, meanwhile, has been instructed to proceed with the case expeditiously.
Case Title: Awanish Kumar Awasthi vs. Dr. Nutan Thakur
Case No.: MATTERS UNDER ARTICLE 227 No. – 4836 of 2024
