The Delhi High Court mandated the removal of online videos and social media posts that accused a sitting High Court judge of being a ‘murderer’ and held him responsible for the tragic Saket building collapse on May 30, which resulted in the loss of six lives. The directive was issued on Monday by a Division Bench comprising Justices Neena Bansal Krishna and Madhu Jain. The Bench also suggested the possibility of blocking the accounts responsible for disseminating such content.
The judges expressed concern over the increasing frequency of such incidents and emphasized the responsibility of social media platforms to act against such defamatory content. The Court queried whether platforms could autonomously remove such content when identified. “Social media has become exceedingly powerful. Can these platforms not bear the responsibility to act on obviously defamatory content?” questioned the Court.
The Court characterized the statements in the videos as unfounded attempts to scandalize the judiciary and hoped the public would disregard them. These remarks followed a criminal contempt petition filed by the Delhi High Court Bar Association (DHCBA) against Dr. Kapil Kakar, a psychologist and social activist, for his alleged defamatory videos targeting the judiciary and a sitting judge.
The DHCBA’s petition accused Kakar of uploading several videos across platforms such as YouTube, Instagram, Facebook, X, and LinkedIn, unjustly attributing the deaths in the Saket building collapse to the judge’s actions. Kakar claimed, incorrectly, that the judge had dismissed a petition to halt illegal construction due to alleged corruption with municipal authorities. However, according to the DHCBA, the judge’s order merely allowed the withdrawal of the petition, permitting the filing of a new one due to the non-inclusion of the property owner in the original filing.
The petition referenced multiple statements from Kakar’s videos, wherein he allegedly labeled the judge a “murderer” and accused the judiciary of corruption. He further urged the public to “rise against such injustice.” The Bar Association argued that these statements were intended to erode public trust in the judiciary and hinder the justice system’s administration. Additional videos released by Kakar on June 4 and June 5 further criticized the judge, linking him to an unrelated civil matter involving ICICI Bank and implying a corrupt alliance between judges and corporate entities.
Senior Advocate and DHCBA President, N Hariharan, presented the Bar Association’s case, insisting on stringent measures against both the content creator and the platforms for permitting such defamatory posts. Additional Solicitor General (ASG) Chetan Sharma represented the Central government, concurring with the DHCBA’s position and advocating for the immediate removal of the content.
After considering the arguments, the Bench ordered the removal of the contentious content and issued notices concerning the criminal contempt petition. The DHCBA was represented by Senior Advocates Sacchin Puri and Rakesh Tiku, alongside advocates Kunal Malhotra, Nitesh Mehra, and Vidhi Gupta. The petition was filed through advocates Amaan Shreyas, Mannat Tipnis, and Manish Kumar.
