Delhi High Court Issues Notice To 'The New Indian', X Over Publication Of Legal Notice Carrying Contemptuous Allegations Against Judiciary
The Delhi High Court has issued notice to media platform The New Indian, its journalist and X Corporation (formerly Twitter) over the publication of a news article based on a legal notice prima facie carrying contemptuous and scandalous allegations against the judiciary and the Registry of the High Court.
Justice Chandra Dhari Singh observed that since private and personal documents were published on the news media platform which was also posted on X, the presence of representatives of The New Indian and social media platform was necessary.
The article was published by The New Indian on September 23 titled “Hero MotoCorp under lens over alleged court manipulation now.” The author of the article is Atul Krishna.
Justice Singh passed the order after an application was moved by Hero MotoCorp Limited seeking to bring on record an “undated legal notice” issued on behalf of M/s Brains Logistics Private Limited.
It was claimed that the legal notice did not contain the name of any advocate or his enrolment number or stamp. Hero MotoCorp alleged that the legal notice contained malicious and contemptuous allegations against the High Court, cast aspersions on its Registry as well as a Division Bench and Predecessor Bench.
It was submitted that this lowered the dignity and authority of the entire institution, ultimately affecting the judicial system.
Hero MotoCorp also said that notices exchanged between the parties to litigation are private documents and publishing the same on social media or sending it for publication in the public domain is an act towards scandalising the judiciary and lowering the dignity of the Delhi High Court.
While issuing notice in the application, the Court observed:
“Upon perusal of the contents of the above said notice, as well as the contents of the news article dated 23rd September, 2024 and post made on „X‟ (formerly known as Twitter), it is made out that prima facie the same contains malicious and contemptuous allegations which not only seek to scandalise, interfere with the administration of justice, but also makes false assertions, cast aspersions on the entire institution and the Registry of the High Court, and therefore, lower the dignity and authority of the High Court.”
It noted that the contents of the legal notice made serious allegations against the Registry by stating that the petitioner in the case had allegedly manipulated the Registry through tactics and misrepresentation.
“This Court is shocked at the conduct of the respondent no. 2 (Brains Logistics), whereby, it has alleged that the Court has passed the directions in the said order on the basis of presumptions and the same amounts to making of contemptuous remarks against the High Court and the entire institution,” the court said.
Justice Singh also observed that prima facie, the purpose of sending the undated legal notice, which did not bear the name of any advocate kr enrolment number or stamp, was done with mala fide intent and the same was apparent on the face of it.
“In view of the above facts and circumstances, this Court is prima facie of the opinion that the non-applicant/respondent no. 2 must bring on record the justification regarding the contentions of the applicant/petitioner no. 2 with regard to the said notice and also with respect to the contents made in the said notice, by way of filing reply to the instant application on affidavit. After looking at the said reply, this Court shall deal with whether the conduct of the non-applicant/respondent no. 2 warrants initiation of criminal contempt proceedings or not,” the court ordered.
It further observed that the publisher of the news article in question had published the legal notice on The New Indian platform and on X with the intent to scandalize and lower the dignity of the High Court.
“Issue notice to the said online news media platform, i.e., „The New Indian‟, Mr. Atul Krishna, Author of the news article published on „The New Indian‟ and „X‟ (formerly known as Twitter) through all permissible modes on filing PF within a week,” the court said while listing the matter for hearing on October 25.
Title: VIJAY SRIVASTAVA & ANR. v. STATE NCT OF DELHI AND ANR