The
Supreme Court has voiced concern over misuse of social media platforms with
posting of messages, comments and articles on subjudice matters.
A
bench of Justices Aniruddha Bose (now retired) and Bela Trivedi made the
observation while initiating a contempt action against Assam MLA Karim Uddin
Barbhuiya for his misleading Facebook post regarding a case reserved for
judgment.
"It is a matter of serious concern that
nowadays there has been a profuse misuse of social media platforms on which
messages, comments, articles etc. are being posted in respect of matters
pending in Court.
"Though
our shoulders are broad enough to bear any blame or criticism, the comments or
posts published in respect of matters pending in Court, through social media
platforms under guise of right to freedom of speech and expression, which have
the tendency of undermining the authority of the Courts or of interfering with
the course of justice, deserves serious consideration," the bench said.
The
top court said it is very usual for judges to react during the course of
arguments being made by lawyers, sometimes in favour of and sometimes against a
party to the proceeding.
"However, that does not give any right or
leeway to either of the parties or their lawyers to the proceedings to post
comments or messages on social media distorting the facts or not disclosing
correct facts of the proceedings.
"The
matter is required to be taken up more seriously when any such attempt is
sought to be made by the party to the proceedings," the bench said while
issuing contempt notice to the MLA and directing the presence of the MLA from
All India United Democratic Front (AIUDF) in the court.
The
apex court listed the matter next after four weeks and asked the registry to
place the matter before the CJI for appropriate orders on the administrative
side for listing the case before the appropriate bench.
The
SC initiated contempt proceedings against Barbhuiya for his Facebook post on
March 20 in which he had falsely claimed a favourable ruling from the court in
an election petition while the court had on that day only reserved its judgment
in the matter.
Later on April 8, the apex court allowed Barbhuiya's plea and quashed
the election petition filed against him.