'Irresponsible Social Media Use Rampant' : Mumbai Court Asks Clubhouse App Case Accused to Undergo Counselling

"…Irresponsible use of social media is rampant. People and particularly the young generation in their teens [are] ignoring etiquettes and mannerism insulting every member of society and every corner of social life, including religion, race, gender, etc." Metropolitan Magistrate Komal Singh Rajput observed in the order granting him bail.

Judge Rajput opined that "immediate attention towards this aspect is necessary [or else] there would be havoc, and the situation may go out of control as everybody across the world will have access to it (posts) and majority of them may attempt to react in their own way ignoring social norms and morality."

The Mumbai Police accused Kumar of creating the chatroom in which abusive and objectionable remarks were made against women. Kumar, a final year law student from Noida and two others were booked for offences punishable u/s. 153A, 295A, 354A, 354D, & 509 of the Indian Penal Code, 1860 r/w. Section 67 of Information and Technology Act, 2000.

The judge said that counselling for netiquette (appropriate social media behaviour) was necessary for Kumar to understand the nature of acts he may have committed and shall not repeat it in future.

"Being law student, there is more heavier responsibility on his shoulders as compared to other citizens. He must understand the fact that everybody is duty-bound to respect the dignity and privacy of others and everybody must behave responsibly in every aspect of social life."

Shoddy Investigation

The court observed that it had come across several cases where victims are faced with the police apathy.

"The manner of collection of evidence by way of investigation is also is not in tune with the pace of time. This [court is] repeatedly coming across such incidences wherein allegations are serious, but there is tremendous apathy on the part of investigating agency. Such a conduct on the part of investigating agency can not be defended," the order reads.

Regarding the case at hand, Kumar, through his counsels Gayatri Gokhale and Akshay Bafna contended that Kumar was falsely implicated and it was a case of mistaken identity. Despite 10 days of police custody, the prosecution was unable to connect him to the crime, the Magistrate observed.

"Neither [the] Investigating Officer nor her representative [has] shown anything which will establish the connection of accused applicant with the alleged acts of posting derogatory chats."

When a specific query was put before the Mumbai Police about the connection of present applicant with a person named as Yash Parashar in the FIR, they had little to say.

"They failed to produce anything on record which will show that present applicant Yash Kumar and Yash Parashar are the same persons despite giving sufficient time of two days. These aspects create doubt whether accused/applicant is involved in the alleged acts or not? It substantiates the pleas/submissions of the accused/applicant," the judge observed.

Unbridled and Uncontrolled Social Media

Even if it is presumed that Kumar was actively involved in the crime, the court noted that some of the non-bailable offences were not made out against him; his hardware was seized; he wouldn't have control over witnesses so there were no chances of tampering.

The Magistrate observed that Kumar was a meritorious student, pursuing law at a private university in Noida. However, according to the court certain bail conditions were required, "for understanding seriousness… on this unbridled and uncontrolled aspect of social life called social media at least to the extent of accused/applicant."

Background

According to the FIR registered on January 19, the complainant alleged that her and her childhood friend's pictures were used in the Clubhouse chatroom. In addition, the police alleged that Kumar had created a chatroom called "Swati Jay Abdul" in October 2021 where these derogatory statements against Muslim Women, and objectionable pictures were shared.

Other Bail Conditions

1. Furnish personal bond and surety of Rs.30,000.

2. Undergo counseling for general social behavior and for following netiquettes (norms of behavior while using social media and other online platforms) and submit his report to the court about.

3. Not leave Mumbai for the next one month.

Regarding the bail application filed by co-accused Akash Suyal, he was permitted to apply afresh for bail after the court decides on the a plea by the investigating officer to take him into custody again.