The Delhi High Court on Friday directed the removal of additional videos uploaded by Dr. Kapil Kakkar in which he allegedly continued to make accusations against a sitting High Court judge in connection with the collapse of a building in Delhi’s Saket area on May 30 that resulted in the deaths of six persons.
The order was passed by a Division Bench comprising Justice Neena Bansal Krishna and Justice Madhu Jain after the Delhi High Court Bar Association (DHCBA) informed the Court that Kakkar had uploaded fresh content despite earlier judicial directions requiring the removal of similar videos and social media posts.
The Bench was informed that on June 8, the Court had already directed the removal of videos and online posts in which Kakkar allegedly blamed the judge for the building collapse and made derogatory allegations against the judiciary. The Court had also ordered the blocking of his accounts on social media platforms, including X, Meta and YouTube.
Appearing for the DHCBA, Senior Advocate N. Hariharan submitted that notwithstanding the earlier order, Kakkar had uploaded additional videos containing substantially similar allegations. It was further brought to the Court’s notice that in the new videos, Kakkar referred to the blocking of his social media accounts and encouraged viewers to follow his personal account instead. The Court was also informed that he had sought monetary contributions and donations from members of the public.
After examining the fresh videos, the Bench expressed concern over the increasing misuse of social media platforms to disseminate content targeting judges and judicial institutions. The Court questioned whether judicial orders directing removal of objectionable content were having a sufficient deterrent effect on individuals who repeatedly engaged in such conduct despite previous legal action.
The Court observed that similar incidents were becoming increasingly common and noted that courts had, in several cases, taken stringent action against persons accused of scandalising the judiciary. It expressed concern regarding individuals who persistently disregarded judicial directions and continued to circulate allegedly contemptuous material.
The proceedings arise from a criminal contempt petition filed by the Delhi High Court Bar Association against Kakkar for allegedly making scandalous, defamatory and contemptuous remarks against a sitting judge of the High Court and against the institution of the judiciary.
According to the Bar Association, Kakkar had falsely alleged that the judge was responsible for the deaths caused by the Saket building collapse because of an alleged nexus with municipal authorities. The DHCBA contended that these allegations were entirely unfounded and based on a misrepresentation of judicial proceedings.
The Bar Association submitted that the order relied upon by Kakkar merely permitted the withdrawal of a petition concerning alleged illegal construction, while granting liberty to the petitioner to file a fresh petition after impleading the property owner as a necessary party. It argued that no judicial determination had been made that could justify attributing responsibility for the building collapse to the concerned judge.
The contempt petition reproduced several statements allegedly made by Kakkar in his videos, wherein he described the judge in derogatory terms, levelled allegations of corruption against the judiciary and sought to mobilise public opinion against judicial institutions.
According to the DHCBA, the statements were calculated to lower the authority of the Court, erode public confidence in the administration of justice and interfere with the due course of judicial proceedings. It was contended that such conduct amounted to criminal contempt under the Contempt of Courts Act.
The Bar Association further alleged that Kakkar had continued making similar allegations through videos uploaded on June 4 and June 5. In those videos, he reportedly linked the judge to an unrelated civil dispute involving ICICI Bank and suggested the existence of improper relationships between members of the judiciary and corporate entities.
Taking note of the continued publication of content despite its earlier directions, the High Court ordered the removal of the additional videos and proceeded with consideration of the contempt proceedings initiated against Kakkar.
The matter forms part of the ongoing criminal contempt case concerning allegations that repeated social media publications targeting a sitting judge have the potential to undermine the dignity of the judiciary and adversely affect public confidence in the justice delivery system.
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