Courts Impose Restrictions On Social Media | Find Your Advocate
A Bench of jurist of India SA Bobde and Justices R. Subhash Reddy and AS Bopanna heard the matter filed by Congress leader Sachin Chaudhary, and issued notice to the Central Government and also the State of state.
The plea, filed by Advocate-on-Record Keshav Ranjan, stems from the Allahabad judicature Order of Justice Siddharth which had granted bail to Chaudhary on the condition that he wouldn't use social media while being enlarged on bail till the conclusion of the trial.
Chaudhary, who had been arrested by the Police as per Case Crime No. 0198 of 2020 under Sections 188, 269, 270, 271, 124A, 505, 153A, 153B of the Indian legal code further as Sections 66A, 67 of the data Technology (Amendment) Act, 2008, and Section 56 of the Disaster Management Act, 2005, had been granted bail on 20th May by the Allahabad supreme court in wake of the "larger mandate of the Article 21 of the Constitution of India and therefore the dictum of the Apex Court within the case of Dataram Singh v. State of UP & Anr (2018)".
It further underlines the importance of social media for connecting with relatives or friends, or for sharing and discussing information. "Curtailing this right isn't only a deprivation of his personal right and his liberty, but is certainly affecting the life and career of the Petitioner socially and politically. Social media sites like WhatsApp, Facebook and Twitter became important venues for users to exercise their right of freedom of speech and expression protected under Article 19 of the Constitution of India".
Today, justice Bobde observed that the condition failed to seem to be too "onerous".
"We don't think it's too onerous if somebody's participation on social media creates mischief. Why can't the Court say you do not use the instrument by which you caused mischief?"
Senior Advocate Salman Khurshid, appearing on behalf of the Petitioner, submitted to the Bench that there was no allegation against Chaudhary with relation to social media usage. To this, CJI Bobde responded that the Court would really like to get down a law on this aspect.
The Court further stated that they might consider the question of law on whether an endeavor court, while granting bail, could restrict an individual from using social media, when the crime committed has nothing to try to to with social media access.
On the premise of the above, the Supreme Court issued notice to the Centre and also the State of UP.
Comments
Post a Comment