The Calcutta High Court directed the West Bengal DGP to submit a Standard Operating Procedure for handling social media content targeting judges and judicial proceedings, during hearing of a case connected to Swami Pradiptananda before Justice Jay Sengupta.
The Calcutta High Court has directed the Director General of Police (DGP), West Bengal, to place before the Court a Standard Operating Procedure (SOP) detailing the mechanism for dealing with social media posts and online content targeting judges and judicial proceedings.
Justice Jay Sengupta passed the order on May 21 while hearing a petition connected to criminal proceedings against Padma Shri awardee Hindu monk Swami Pradiptananda, popularly known as Kartik Maharaj.
During the proceedings, the Court was informed about certain videos circulated on YouTube and other online platforms allegedly making scandalous and defamatory remarks against judges of the High Court in connection with the pending matter. Taking serious note of the issue, the Court observed that some videos attempted to create a false impression regarding judicial proceedings even on days when the Bench had not assembled.
The Court noted,
“Even on a day when this Bench did not sit, certain imputations were cast as if some adverse steps were being taken inside closed doors. That apart, there were defamatory and contumacious outbursts made against the Judges of this Court in general. There were other videos as well that were very disturbing indeed,”
Factual Backgrounds:
The controversy arises out of a criminal case registered at Nabagram Police Station in which allegations of rape and intimidation were levelled against Swami Pradiptananda. According to the prosecution, the complainant alleged that the monk repeatedly raped her in 2013 after allegedly promising her a teaching position at a school run under the Bharat Sevashram Sangha. The complainant also accused him of subjecting her to forced abortion and criminal intimidation.
Swami Pradiptananda has denied all allegations against him. In a petition filed before the High Court last year seeking quashing of the criminal proceedings, he claimed that he was being politically targeted by the ruling All India Trinamool Congress government and then Chief Minister Mamata Banerjee.
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As part of the proceedings, the monk also moved an application requesting in-camera hearings. In that application, reference was made to multiple social media videos allegedly targeting both him and judges hearing the matter.
Direction of the High Court
The High Court’s latest direction seeking an SOP from the State police reflects growing judicial concern regarding online commentary, social media campaigns and digital content perceived to undermine public confidence in judicial institutions or interfere with pending court proceedings.
The direction says,
Let the DGP of the State file a report as to whether they have any Standard Operating Procedure in place for taking action in respect of such grossly offensive, evidently false and contumacious social media posts, including for removal of such posts.
The court directed,
Let the report be filed within four weeks from this date.
The Court is expected to further examine the issue when the matter is taken up again on June 22.
Senior Advocate Billwadal Bhattacharyya appeared for the petitioner along with advocates Moyukh Mukherjee, Sagnika Banerjee, Megha Datta and Tamoghna Pramanick.
Advocate K Bhattacharya represented the State before the Court.
Case Title: Maharaj Swami Pradiptananda @ Kartik Maharaj v State of West Bengal
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