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Hindustan Times
6 days ago
- Politics
- Hindustan Times
SC orders take down of YouTube clip for remarks against SC judge
The Supreme Court on Friday ordered YouTube to remove a video posted on a channel containing 'scandalous allegations' against a senior judge and initiated criminal contempt proceedings against the channel's editor Ajay Shukla, saying that freedom of speech cannot be used to damage the judiciary's reputation. A bench led by Chief Justice Bhushan R Gavai passed the order in suo motu contempt proceedings against a 150-second video uploaded by Shukla on May 24. The video, aired on his show 'The Principle', discussed a recent ruling by Justice Surya Kant in the case of Madhya Pradesh minister Kunwar Vijay Shah of the Bharatiya Janata Party (BJP). Solicitor General Tushar Mehta, who was asked to assist in the matter, told the court: 'This is something very serious. We are obliged that the court has taken suo motu cognisance of this.' The court said: 'The video clip has made scathing and scandalous allegations against one of the senior judges of this court. Such scandalous allegations widely published on YouTube is likely to bring disrepute to the august institution of the judiciary.' Attorney General R Venkatramani was also asked to assist the court in passing further orders. Mehta argued that the video was not only scandalous but also defamatory and contemptuous, stating that such statements cannot enjoy legal protection as the right to freedom of speech under Article 19(1)(a) comes with reasonable restrictions, including defamation and contempt of court. 'No doubt, our Constitution guarantees right to freedom of speech. At the same time, this right is subjected by reasonable restrictions,' the bench said. 'A person cannot be permitted to make allegations that are defamatory and also contemptuous in nature, which attempts to bring disrepute to the judiciary.' Under the Contempt of Courts Act 1971, criminal contempt is defined as any publication (by words, signs, visible representation or otherwise) that either 'scandalises or tends to scandalise, lowers or tends to lower the authority of any court, or prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.' The Supreme Court has previously initiated suo motu criminal contempt proceedings for posts against the judiciary. In a notable case, the court convicted advocate Prashant Bhushan in 2020 for tweets against then-Chief Justice SA Bobde, sentencing him to a fine of ₹1 or three months' simple imprisonment. That judgment was passed by a three-judge bench on August 31, 2020, which included the present CJI Gavai. The court had then said: 'Free speech is essential to democracy can also not be disputed, but it cannot denigrate one of the institutions of the democracy... the faith of the citizens of the country in the institution of justice is the foundation for rule of law which is an essential factor in the democratic set up.'
United News of India
6 days ago
- Politics
- United News of India
SC cracks down on YouTuber for 'scandalous' remarks against senior Judge
New Delhi, May 30 (UNI) The Supreme Court on Friday ordered Chandigarh based journalist Ajay Shukla and his YouTube channel The Principle run by Varprad Media India Private Limited to immediately take down a video that made "scandalous allegations" against a senior judge of the apex judiciary. The court also initiated suo motu criminal contempt proceedings against Shukla. A bench led by Chief Justice of India B.R. Gavai, and comprising Justices Augustine George Masih and Atul S. Chandurkar, passed an interim order restraining further circulation of the contentious video and directed that the matter be registered as a contempt case. 'Mr. Shukla in the said video clip has made scandalous observations about one of the senior judges of this court. Such allegations, widely published on YouTube, are likely to bring disrepute to the august institution of the judiciary,' the court stated. The bench directed the Supreme Court registry to register the case titled 'In Re: Scandalous Remarks Made by Mr. Ajay Shukla, Editor-in-Chief, Varprad Media Pvt. Ltd., a Digital Channel.' It also requested the assistance of Attorney General R. Venkataramani and Solicitor General Tushar Mehta in the proceedings. 'We direct the YouTube channel to stop publication of the video and to forthwith take down the video,' the court ordered. Solicitor General Tushar Mehta welcomed the decision, remarking, 'It is very serious. Grateful suo motu was taken.' While acknowledging the constitutional right to free speech, the Court emphasised that it does not extend to making baseless, defamatory, or contemptuous statements against the judiciary. 'No doubt, the Constitution guarantees free speech and expression. However, such a right is subject to reasonable restrictions and cannot be misused to make defamatory allegations against a judge or content that is contemptuous in nature,' the Bench added. The case marks a rare but decisive step by the Supreme Court to reinforce the sanctity of the judiciary amid growing concerns over irresponsible digital content targeting public institutions. UNI SNG SSP
