'Criticism Of Political Decision Not Violation Of Personality Rights': Delhi High Court Tells BJP MP Raghav Chadha

The Delhi High Court on Thursday reserved order on a plea moved by BJP MP Raghav Chadha seeking take down of “defamatory” content allegedly showing that he “sold himself for money.”

Justice Subramonium Prasad said that prima facie, the impugned posts were criticism of Chadha's political decision to shift to BJP and that the line between defamation and criticism is quite thin.

At the outset, the Court orally told Chadha's counsel, Senior Advocate Rajiv Nayar that prima facie, there is no personality right involved in the case.

"Unlike other judgments, here it's just criticism taken on decisions taken by you in political arena...It is a comment by a person criticising a political decision,” the Court said.

Further referring to the photographs to which Chadha had objected, the Court remarked, "it is an attack or critique… please come to your prayers. It is not defamation suit. It is a suit on basis of personality rights.”

At this point, Nayar submitted that he was pressing interim relief only qua the defamatory posts.

To this, the Court said that it will register the plaint as a suit but “prima facie they were only criticism of political decision.”

"The story which has gone that I have traded for money. That can't be criticism," Nayar submitted.

The Court however responded that the line between defamation and criticism is quite thin and this might not be a case for grant of interim injunction, unlike other matters of fame. "That would be a matter of debate...Let me appoint an amicus," it said.

As Nayar pressed for interim relief, the Court further remarked, "There is difference between commercialising personality rights and criticism. Shashi Tharoor (judgment) is on way he speaks and his demeanour."

Ultimately, the Court reserved its order on interim relief.

Chadha sought a john doe relief against unknown entities, as well as various other known defendants, to restrain them from exploiting his personal traits, including his photos, without his consent.

Chadha's suit is filed through Advocates Satatya Anand and Nikhil Aradhe.

It may be noted that the Court has been protecting the personality rights of political figures like Congress leader Shashi Tharoor and Deputy Chief Minister of Andhra Pradesh Pawan Kalyan.

It has also protected rights of entrepreneur Aman Gupta, Telugu actor Allu Arjun, Malayalam actor Mohanlal, spiritual preacher Aniruddhacharya, singer Jubin Nautiyal, former cricketer Sunil Gavaskar, and actors Kajol Devgan, R Madhavan and NTR Junior. Similar suit has been filed by actor Salman Khan.

The coordinate benches have also passed orders protecting the personality rights of “The Art of Living” foundation founder Sri Sri Ravi Shankar, Telugu actor Nagarjuna, Bollywood actors Aishwarya Rai Bachchan, Abhishek Bachchan and film producer Karan Johar.

Notably, the Court also protected the personality rights of journalist Sudhir Chaudhary, who had sought relief regarding the circulation of allegedly misleading and AI-generated videos against him on social media.

The Court also passed a john doe order protecting the personality rights of podcaster Raj Shamani, observing that he is a known face in India, especially in the field of content creation.

Title: RAGHAV CHADHA v. ASHOK KUMAR JOHN DOE AND ORS