Any attempt to malign judiciary via social media unacceptable, rules Delhi HC

The Delhi High Court has said any endeavour to use social media to malign the judiciary and interfere with its independence cannot be accepted, and online platforms cannot act like "silent spectators" in such instances. The court has asserted that fair criticism of judicial orders and institutions is permissible in law, but baseless allegations attributing improper motives to judges are not legitimate criticism. The court made the observations in its June 8 order on a plea moved by the Delhi High Court Bar Association (DHCBA), seeking criminal contempt action against social media user Dr Kapil Kakar for his "scandalous" videos holding a high court judge responsible for the collapse of a multi-storey building in Saidulajab here last month. The incident had claimed six lives.

Issuing a notice to Kakar on the contempt petition, a vacation bench of Justices Neena Bansal Krishna and Madhu Jain said the allegations in the videos are "absolutely scandalous, contumacious", and amount to a direct interference with the justice-delivery system. The court directed social-media platforms, including Instagram, Facebook, YouTube and X, to remove the offending links as well as block Kakar's accounts and handles. It underscored that as soon as these companies gain information about an unlawful act on their platforms, they are under an obligation to immediately remove and disable access to that material. "While easy access to social media has undeniable benefits, as it enables information to spread instantaneously, it cannot be overlooked that such tools must be used responsibly and not as instruments to undermine institutions or cause harm to the society.

"Any endeavour to use them to cause harm to the society or to interfere with the independence of the judiciary and to malign institutions and individuals cannot be accepted in this country, where the rule of law and principles enshrined in the Constitution prevail," the court said in the order uploaded on its website on Wednesday. "While individuals who commit such contumacious and scandalous acts are to be dealt with sternly as per law, intermediaries can also not be a silent spectator and wait for directions from the courts," it added.

The court also asked the online platforms to take down any subsequently-discovered URLs containing the offending content upon notification by the high court's registrar general within 24 hours. The court further directed them to file in a sealed cover all the available basic subscriber information, IP logs and registration details pertaining to the accounts responsible for uploading or disseminating the offending content. The DHCBA had accused Kakar of uploading videos on social-media platforms, in which he had made contemptous allegations against the judge, who allegedly heard a case earlier regarding the illegal construction in the building.