Sending a strong message to users of social media, to refrain or be cautious about what they post on social media about judgements/judges and the institution
The Supreme Court on India, on Monday, suspended the three-month imprisonment sentence imposed on activist Ketan Tirodkar by the Bombay High Court, for posting defamatory statements against some sitting judges of the Bombay high court and other public servants.
A bench led by Justice Joseph Kurian Joseph suspended the sentence and admitted the appeal filed by Tirodkar against the high court judgment. Advocate Aparna Vhatkar appearing for Tirodkar said, "The grounds raised in the appeal are that the high court did not give an opportunity to the contemnor (Tirodkar) to lead evidence. The court had erred in not appreciating that the post was not put up by the accused. Since there is a criminal prosecution lodged against Tirodkar, it would amount to double jeopardy by sentencing him for contempt of court."
In October a full bench of the high court had convicted Tirodkar. It had then said, "The modern technology and state of art devices of communication, should not result in the abuse of the freedom of speech and expression."
Sending a strong message to users of social media, to refrain or be cautious about what they post on social media about judgements/judges and the institution, it said, "Being a member or user of social media thus confers no license or a wholesale permit, to cross limits of decency or morality or committing a contempt."
Tirodkar had filed several public interest litigation highlighting the public cause. A sitting judge of the high court had brought it to the notice of the Registry and then to the Chief Justice, of the high court about the objectionable post on his timeline.
The bench while noting why action against Tirodkar was necessary said, "The public trust and confidence would be totally shaken if due cognizance of such publications is not taken and the person publishing the same is not proceeded against for contempt, that trust and confidence will erode further.
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 "Ketan Tirodkar")
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