Case BriefsHigh Courts

Andhra Pradesh High Court: A Division Bench of Rakesh Kumar and J. Uma Devi, JJ., while ordering CBI investigation in regard to defamatory posts being put up against the Judiciary on social media sites, observed that,

“Petitioner i.e. High Court of Andhra Pradesh is being attacked by some corner with some oblique motive.”

High Court

Petitioner i.e. High Court, whose shoulder is heavily burdened with the responsibility of mainly protecting the right of a citizen guaranteed under Part III of the Constitution of India, is itself before this Court with inward pain due to indirect/direct attack on it by some of the malefactors.

News Trend: Abuse the High Court & Judges

This Court has since April, 2020 noticed that a new trend has developed in the State of Andhra Pradesh which is to abuse the High Court and its Judges on different social media sites along with interviews on electronic media.

No platform for Judges

Judges do not have any platform to prove their sincerity, integrity, etc. even in a case they are otherwise abused or insulted.

Contempt of Courts Act, 1971

Provisions of the Contempt of Courts Act, 1971, in a case of willful disobedience/insult to the Court, one can be dealt with, but the fact remains that penal provisions under the Contempt of Courts Act are though enough to deter persons, who have some faith in the system; but not enough to deter such malefactors in making unwarranted allegations against the Judiciary or Judges.

Waging War –> Judiciary

It has been noted that the person occupying high posts are indulging in waging war against the State of Andhra Pradesh’s Judicial system. The said war against the judicial system will certainly create unnecessary doubt in the citizen’s mind leading to crippling the entire system.

Article 226 of the Constitution of India

In view of the above background, the Andhra Pradesh High Court, Amravati has preferred to invoke the writ jurisdiction under Article 226 with a view to protecting its entity from the attack of some antisocial elements in the State.

Increase in defamatory posts on social media

After filing two complaints by the Registrar General of the High Court of Andhra Pradesh for the offences under Sections 505 (2) and 506 of the Penal Code, 1860, instead of a decline in posting defamatory posts on social media, it started increasing.

In an earlier incident, one of the alleged accused Kondareddydhanireddy, YSRCP had shared a defamatory post against one of the Judges of the Andhra Pradesh High Court.

In the present context, the Judges have been abused in view of some of the orders passed by this Court.

Impact | Orders against State Government and its functionaries

On 22-05-2020, different benches of this Court had passed different orders against the orders and actions of the State Government and its functionaries.

Immediately after the passing of the above-stated orders, social media was flooded with objectionable posts. Even the persons occupying high positions went to the media and gave interviews against the High Court and its Judges, that too, from the party office belonging to a political party, which is in power.

Investigation

Petitioners Counsel tried to persuade the Court that against the Judiciary, which is one of the main pillars of the democracy, such scathing attack is being made with impunity, which requires immediate intervention and thorough investigation; and, as such, it was prayed to entrust the investigation into the aforesaid matter to an independent investigating agency.

He further submitted that since the attack has been made by the persons occupying high positions and associated with the Government, there was no possibility of an independent and fair investigation at the hands of the State Government controlled agency.

Bench in view of the above directed to entrust all the FIRs to the Central Bureau of Investigation.

Court added that,

While conducting an investigation, it would be necessary to examine as to whether such attacks on Judiciary were made as a result of a larger conspiracy or not.

If it is noticed that it was due to the result of larger conspiracy, the CBI is required to take appropriate action against such culprits irrespective of the post and position.

Court while concluding its decision directed that CBI immediately after taking up investigation may take steps so that all the defamatory posts available on social media, i.e., private respondents, may be struck down and may also take steps to block such users in accordance with the law.

CBI shall submit its report in a sealed cover to the Court within 8 weeks.

The matter has been lited for 14-12-2020.[High Court of Andhra Pradesh at Amaravati v. State of Andhra Pradesh, 2020 SCC OnLine AP 1019, decided on 12-10-2020]

Case BriefsHigh Courts

Andhra Pradesh High Court: A Division Bench of Jitendra Kumar Maheshwari and C. Praveen Kumar, JJ., has issued contempt notices to as many as 49 persons which include several law makers. The Court was taking suo motu cognizance of the alleged contemptuous speeches/interviews/postings by these 49 persons against some Judges of the Supreme Court, Judges of the High Court and the High Court itself.

Court received various videos and postings between 22-05-2020 to 24-05-2020. Names of several persons of whose various interviews/speeches/postings, attributing motives, caste and corrupt allegations to some of the Supreme Court, High Court Judges.

The said posts on social media disclose abusive, life threatening and intimidating words against the Judges. There is also fabrication of material with abusive, hatred and contemptuous contents to cause incitement, disaffection and ill will against the Court and Judges.

One of the footages reveals that Mr Nandigama Suresh in his live speech from YCP Office attributed motive to High Court that Chandrababu Naidu is managing High Court and also stated that Chandrababu Naidu came to know the verdict prior to the pronouncement.

Court also took notice of the reported comments made by Bapatla YSRCP MP Nandigam Suresh on its decision to order a CBI probe into a suspended doctors issue in Visakhapatnam.

Thus in view of the above, Suo Motu Contempt Case was filed.

Order of the Court

Bench noted that the comments made in the media posts and video clippings are wholly unwarranted and to scandalize or tend to scandalize the institution.

Considering the above Court issued Rule Nisi to the respondents/contemnors, who can be identified from the posts.

Matter to be listed after 4 weeks. [Nandigam Suresh, In re.,  2020 SCC OnLine AP 141 , decided on 26-05-2020]