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New Delhi: The Supreme Court on Friday initiated a suo motu criminal contempt proceedings against a digital journalist, Ajay Shukla and ordered him to take down a YouTube video, containing scandalous, contemptuous and defamatory allegations against a judge of the top court.
"A person cannot be permitted to make allegations which are in the nature of defaming a judge of this Court or any other Court and also which are contemptous in nature, that attempts to bring disrepute to the institution of judiciary," a bench of Chief Justice of India B R Gavai and Justices Augustine George Masih and A S Chandurkar said.
The court found the channel run by Shukla as editor contained scandalous allegations, which are likely to bring disrepute to the institution of judiciary.
The bench said the Constitution guaranteed free speech but it cannot be exploited to make contemptuous allegations against judges.
The court said, "No doubt the constitution guarantees free speech and expression. Such a right is restricted by reasonable restrictions and cannot be allowed to make defamatory allegations regarding judge of this court or contemptuous in nature which brings disrepute to the institution of the judiciary".
The court issued notice to Shukla and sought the assistance of Attorney General R Venkataramani and Solicitor General before posting the matter for consideration after summer vacations on July 18.
The bench said, “Shukla, in the said video clip has made vile and scandalous observations about one of the senior judges of this court. Such allegations widely published on YouTube are likely to bring disrepute to the august institution of the judiciary".
The bench said by an interim order, it restrained the YouTube channel from publishing the video and forthwith take it down.
Mehta said the comments made by the judge were grave in nature.
The court ordered registration of a criminal case as 'In Re: Scandalous Remarks Made By Mr Ajay Shukla, Editor-in-Chief, Varprad Media Pvt Ltd, a Digital Channel'.
Shukla, in his YouTube channel, recently posted a video on with regard to an apex court judge, Justice Bela M Trivedi.
In the video, the caption described Justice Trivedi as 'Godi judge', a term describing someone as pro-government of the Centre.