Allahabad HC warns against abusive social media posts targeting judiciary

Prayagraj, Feb 26 (PTI) The Allahabad High Court has cautioned social media users against hurling abuses at the judiciary online, observing that such comments fall outside the scope of fair criticism and may invite strict action under contempt jurisdiction.

A division bench comprising Justices J J Munir and Pramod Kumar Srivastava said that virtual abuses directed at superior courts cannot be treated as fair comment or informed criticism of a judgment.

"We do wish to remind the public to be cautious in future, because words that are most unambiguously contumacious, circulate on the social media which as and when taken cognisance of in our contempt jurisdiction, may expose the contemnor to penalties of the law, which the court may not hesitate to impose," the bench observed.

The court said such virtual abuses clearly cross the line of permissible free speech.

The observations came while dealing with a criminal contempt reference under Section 15 of the Contempt of Courts Act, 1971, concerning the conduct of advocate Hari Narayan Pandey in a district court in Basti.

The bench categorically said that abuses hurled on social media against superior courts "by no means can fall within the fold of fair comment or the informed criticism of a judgment".

On the merits of the case, the court noted that the contemnor appeared before it and did not attempt to justify his remarks. He admitted that he was under extreme distress on the day of the incident for personal reasons.

The bench also considered his demeanour in court and said it was convinced that he is a well-groomed member of the Bar, aware of legal niceties and courtroom etiquette.

Dropping the contempt proceedings in its order, dated February 24, the court said, "He has put in long years of practice and there is nothing to show that he has indulged in contumacious conduct in the past. He has tendered unconditional apology at the earliest, which the learned Civil Judge accepted, of course, for himself. We are convinced that it was an expression of genuine remorse and not merely a contrivance to escape the consequences of contempt." The court, however, reiterated that social media users must exercise restraint and remain within the bounds of lawful criticism while commenting on judicial proceedings. PTI COR RAJ KIS KSS KSS