The Delhi High Court on Monday directed the removal of videos and social media posts that allegedly blamed a sitting High Court judge for the deaths of six persons in the Saket building collapse incident and described the judge as a “murderer”.
The Division Bench of Justice Neena Bansal Krishna and Justice Madhu Jain observed that it may also consider passing further directions for blocking the social media accounts through which the impugned content was uploaded.
The Court expressed concern over the increasing frequency of such incidents and observed that similar cases were surfacing regularly. It further indicated that social media intermediaries should play a more proactive role in addressing content that scandalises courts and undermines public confidence in the justice delivery system.
During the hearing, the Bench questioned whether social media platforms could exercise their own authority to remove patently false and objectionable content without waiting for judicial intervention. The Court remarked that digital platforms have acquired significant influence and must consider their responsibility in preventing the dissemination of content that is manifestly absurd or misleading.
The Bench observed that the statements made in the videos did not appear to be genuine criticism but were intended to scandalise the judiciary. It expressed hope that members of the public would not be misled by such allegations.
The directions were passed in a criminal contempt petition filed by the Delhi High Court Bar Association (DHCBA) against psychologist and social activist Dr Kapil Kakar. The Bar Association alleged that Kakar had made scandalous, contemptuous and defamatory statements against a sitting judge of the Delhi High Court and the institution of the judiciary through a series of videos published on YouTube, Instagram, Facebook, X and LinkedIn.
According to the petition, Kakar accused the judge of being responsible for the deaths of six persons in a building collapse near Saket Metro Station on May 30. The DHCBA contended that these allegations were entirely false and based on a misrepresentation of judicial proceedings.
The Bar Association submitted that Kakar had alleged that the judge dismissed a petition seeking to halt illegal construction at the building because of an alleged nexus with municipal authorities. However, the DHCBA clarified that the order relied upon by Kakar merely permitted withdrawal of the petition with liberty to file a fresh petition, as the property owner had not been impleaded as a necessary party to the proceedings.
The contempt petition reproduced several statements allegedly made in the videos, in which the judge was described as a murderer, the judiciary was accused of corruption and members of the public were allegedly urged to rise against such perceived injustice.
The DHCBA argued that the remarks were calculated to lower the authority of the Court, erode public faith in the judicial institution and interfere with the administration of justice. It further alleged that Kakar continued publishing similar content through additional videos uploaded on June 4 and June 5. In those videos, he allegedly linked the judge to an unrelated civil dispute involving ICICI Bank and suggested the existence of improper relationships between judges and corporate entities.
Senior Advocate and DHCBA President N Hariharan appeared on behalf of the Bar Association and submitted that the statements contained in the videos were scurrilous, malicious and contemptuous in nature. He urged the Court to initiate stringent action not only against the content creator but also against the social media platforms that permitted the circulation of such material.
Additional Solicitor General Chetan Sharma, appearing for the Union Government, supported the submissions advanced by the DHCBA and submitted that the impugned content ought to be removed without delay.
After hearing the parties, the High Court directed that the videos and posts be taken down and also issued notice in the criminal contempt proceedings initiated against Dr Kakar. The matter will now proceed for further consideration on the issue of contempt and the role of social media platforms in facilitating the dissemination of such content.
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