Google is facing contempt of court for not removing a defamatory video about the Dhyan Foundation, even after orders from the Bombay High Court and Magistrate Court. The foundation says Google misled the Mumbai Sessions Court by falsely claiming the video was taken down, while proof shows it is still online. Google’s lawyer, Senior Advocate Aabad Ponda, admitted there are difficulties in following the court’s order, raising questions about Google’s respect for Indian courts. A contempt notice has been sent to Google CEO Sundar Pichai, and the hearing is set for January 3.
Google inaccurately claimed in its revision application before the Mumbai Sessions Court that it has removed a defamatory video concerning the Gauraksha organization.
Contrary to this assertion, the video remains accessible, and the Dhyan Foundation (DF) has sent a notice to Google along with screenshots as evidence.
While admitting in the Bombay Sessions Court that it failed to comply with a court order to remove a defamatory video against the Dhyan Foundation, Google nonetheless stated in writing that the video has been taken down.
Senior Advocate Aabad Ponda, representing Google, offered a vague explanation to the court, asserting that,
“There are some limitations to remove the video.”
The DF argues that this admission indicates Google’s failure to remove the video despite the court’s directive, constituting direct contempt of court. Notably, Google did not file any revision for 116 days regarding the removal order it disobeyed.
The DF expressed concern that Google shows a lack of respect not only for the integrity of an organization that collaborates closely with the Border Security Force to struggle Indo-Bangladesh smuggling but also for the sovereignty of Indian courts.
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Advocate Raju Gupta, representing the Dhyan Foundation, informed the court that it is alarming that, despite the Bombay High Court’s order in 2022 and the Magistrate Court’s subsequent order in 2023 directing the deletion of these videos, Google has failed to comply.
Contempt proceedings have been filed against Google, scheduled for a hearing on January 3, in which the Additional Chief Metropolitan Magistrate of the 38th court has issued a contempt notice to Google CEO Sundar Pichai and the then Senior Police Inspector of M.R. A Marg Police Station, Rajendra Pawar.
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Contempt proceedings are governed by legal provisions that seek to uphold the authority and dignity of courts. In India, the Contempt of Courts Act, 1971, provides the framework for such actions, distinguishing between civil and criminal contempt. Civil contempt refers to the willful disobedience of a court’s judgment, decree, or order, while criminal contempt includes acts that scandalize the court, prejudice judicial proceedings, or obstruct the administration of justice.
Article 129 and Article 215 of the Indian Constitution empower the Supreme Court and High Courts, respectively, to act as courts of record with the authority to punish for contempt. These provisions ensure that judicial processes remain effective and respected, maintaining the rule of law and public confidence in the judiciary.
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