New Delhi, June 10: The Delhi High Court has observed that social media platforms cannot be used as tools to undermine the judiciary, emphasizing that online intermediaries cannot remain “silent spectators” when unlawful content targeting judicial institutions is circulated.

The observations came while hearing a criminal contempt petition filed by the Delhi High Court Bar Association (DHCBA) against social media user Dr. Kapil Kakar over videos allegedly blaming a Delhi High Court judge for the collapse of a multi-storey building in Saidulajab last month. The incident claimed six lives.

A vacation bench comprising Justices Neena Bansal Krishna and Madhu Jain issued notice to Kakar and described the allegations made in the videos as “absolutely scandalous” and “contumacious,” observing that they amounted to a direct interference with the administration of justice.

The court reiterated that while fair criticism of judicial decisions and institutions is protected under law, attributing improper motives to judges without any basis falls outside the scope of legitimate criticism.

“Any endeavour to use social media to interfere with the independence of the judiciary or to malign institutions and individuals cannot be accepted in a country governed by the rule of law and constitutional principles,” the bench observed.

Court Directs Removal of Content

The High Court directed major social media platforms, including Instagram, Facebook, YouTube and X, to remove the allegedly offending content and block the accounts and handles operated by Kakar.

The bench noted that intermediaries have a legal obligation to act promptly once they become aware of unlawful content hosted on their platforms.

“Intermediaries cannot be silent spectators and wait for directions from courts,” the order stated, adding that platforms must disable access to such material immediately upon receiving information regarding its unlawful nature.

Further Directions to Platforms

The court also directed social media companies to remove any subsequently identified URLs containing the same content within 24 hours of receiving notice from the Registrar General of the Delhi High Court.

Additionally, the platforms have been ordered to submit, in a sealed cover, subscriber information, registration details and IP logs relating to the accounts responsible for uploading or disseminating the content.

Background of the Contempt Petition

According to the DHCBA, Kakar uploaded multiple videos on social media platforms containing allegations against a sitting High Court judge who had previously dealt with proceedings related to the allegedly illegal construction in the collapsed building.

The Bar Association contended that the videos scandalised the court and warranted criminal contempt proceedings.

The matter is now pending before the Delhi High Court.