The Supreme Court issued a warning regarding social media comments related to ongoing court cases. It emphasized the need to cautioned against misrepresenting facts or prejudicing ongoing legal proceedings through social media platforms. This alert serves as a reminder of the responsibilities associated with discussing legal matters online.
New Delhi: The Supreme Court expressed worry about the extensive misuse of social media to spread comments that misrepresent facts regarding ongoing court cases. A bench of Judges, consisting of Justices Aniruddha Bose and Bela M Trivedi, stated that while it can handle criticism, it will not accept the distortion of facts through social media comments.
The Court stated,
“It’s a serious concern that social media platforms are being extensively misused for posting messages, comments, and articles related to pending court matters. While we can handle criticism, posts or comments on social media concerning pending court matters under the guise of freedom of speech and expression can undermine the authority of courts and interfere with justice. This issue warrants serious consideration.”
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During a contempt case hearing against Karim Uddin Barbhuiya, a leader of the All India United Democratic (AIUDF) and an MLA from Assam, the Supreme Court raised concerns regarding his social media post.
Aminul Haque Laskar, who is now a member of the Indian National Congress (INC) filed the contempt case against Barbhuiya. Laskar informed the Court that Barbhuiya uploaded a Facebook post on March 20, falsely claiming victory in a case, still pending judgment by the Court.
Although Barbhuiya eventually received a favorable ruling on April 8, the Court expressed strong disapproval of his premature assertions on social media about winning the case.
The Court stated,
“It’s common for judges to react during lawyer arguments, sometimes favoring a party and other times not. However, this doesn’t grant any right or permission to parties or their lawyers to post comments or messages on social media that distort facts or withhold correct information,”
The Court emphasized the seriousness of parties interfering with ongoing proceedings and prejudicing justice. A copy of the order also directed to be sent to the Attorney General of India.
The contempt of court case to be heard in four weeks.
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The main conflict between Barbhuiya and Laskar stems from Barbhuiya’s 2021 election from the Sonai Legislative Assembly constituency, where Laskar, then a BJP member, lost to him.
After obtaining information through the RTI Act, Laskar filed an election petition citing discrepancies in Barbhuiya’s educational qualifications stated in his election affidavit.Barbhuiya claimed to have graduated from Choudhury Charan Singh University in Meerut in 2019, but the state education board found no record of his passing the class 12 examination. Despite this, the Election Commission allowed him to contest.
Following a rejection of Barbhuiya’s application to dismiss Laskar’s petition by the Gauhati High Court on April 26 last year, Barbhuiya appealed to the Supreme Court, which stayed the proceedings. On April 8 this year, the Supreme Court ruled in Barbhuiya’s favor, finding the allegations against him unsubstantiated.
However, the Court took notice of a Facebook post by Barbhuiya before the judgment, where he prematurely claimed victory. The Court viewed this as an attempt to interfere with ongoing proceedings and issued a contempt notice, scheduling further hearings in four weeks.
Representing Aminul Haque Laskar, Senior Advocates Jaideep Gupta and Dileep Majumdar, along with a team of advocates. Senior Advocate Dr. Menaka Guruswamy represented Karim Uddin Barbhuiya, along with a team of advocates.
Read Order: [Aminul Haque Laskar vs Karim Uddin Barbhuiya and ors]
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