Srinagar, Jul 7 (KNS): A court in Srinagar has declared as defamatory certain posts published through an X (formerly Twitter) account against former deputy mayor Sheikh Mohammad Imran, ordered their removal and restrained the account holder from publishing similar content without lawful basis.
According to the judgment of the Court of City Judge/Sub-Judge Srinagar, the impugned posts portrayed Imran as a "bank thief" and "looter" and accused him of exploiting public money.
The court held that the defendants failed to produce any material or evidence to substantiate the allegations. It also noted that one of the defendants did not appear before the court despite service, leaving the plaintiff's evidence unrebutted.
The court concluded that the plaintiff had established that the posts were defamatory, false and malicious, and were intended to tarnish his reputation and goodwill.
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The judgment further observed that availing loans from banks for legitimate business purposes or suffering business losses cannot, by itself, constitute theft or criminal misconduct.
The court declared the posts defamatory and libellous, directed their deletion from X, restrained the defendant from publishing or circulating similar defamatory material against the plaintiff without lawful basis, and awarded damages of ?40,000 to the plaintiff, directing that the amount be paid within 30 days.
The court also observed that while freedom of speech is a constitutional right, it does not extend to defamation, and reiterated that the right to reputation forms part of the right to life and dignity under Article 21 of the Constitution.(KNS).