Supreme Court Raises Alarm Over Social Media Misuse in Subjudice Matters

The Supreme Court has expressed concern over the misuse of social media platforms, particularly regarding the posting of messages, comments, and articles on subjudice matters.

Justices Aniruddha Bose (now retired) and Bela Trivedi made this observation while initiating contempt action against Assam MLA Karim Uddin Barbhuiya for his misleading Facebook post regarding a case reserved for judgment.

“It is a matter of serious concern that nowadays there has been a profuse misuse of social media platforms on which messages, comments, articles etc. are being posted in respect of matters pending in Court. Though our shoulders are broad enough to bear any blame or criticism, the comments or posts published in respect of matters pending in Court, through social media platforms under guise of right to freedom of speech and expression, which have the tendency of undermining the authority of the Courts or of interfering with the course of justice, deserves serious consideration,” the bench stated.

The apex court highlighted that it is common for judges to react during the course of arguments made by lawyers, sometimes in favor and sometimes against a party to the proceeding. However, the court emphasized that this does not give any right or leeway to either of the parties or their lawyers to post comments or messages on social media distorting the facts or not disclosing correct facts of the proceedings.

“The matter is required to be taken up more seriously when any such attempt is sought to be made by the party to the proceedings,” the bench remarked while issuing contempt notice to the MLA and directing his presence in court.

The apex court, after listing the matter for the next session in four weeks, instructed the registry to present it to the CJI for necessary administrative orders regarding its listing before the suitable bench.

Contempt proceedings were initiated by the SC against Barbhuiya for a Facebook post dated March 20, wherein he falsely asserted a favorable verdict from the court in an election petition. However, on that day, the court had merely reserved its judgment in the case.

Later, on April 8, the apex court allowed Barbhuiya’s plea and dismissed the election petition filed against him.