×
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

Supreme Court says use of social media as good as a gun in hand: Report

The court says it will issue guidelines on the use of social media in criminal cases
Last Updated 11 July 2020, 04:12 IST

Social media can be used by a person just like a gun in his hand, said the Supreme Court on Friday, according to a report by News18.

The top court made the observation while hearing an appeal by Sachin Choudhary, a Congress politician who faces criminal charges for holding a press conference despite lockdown rules to criticise the central and Uttar Pradesh government.

It was in agreement with an order from the Allahabad High Court which asked a Congress leader from Uttar Pradesh to stay away from social media for at least 18 months.

"What is wrong with an order asking you not to use social media? If a court can order an accused to stay away from a gun, it can similarly ask you to stay away from social media," said Chief Justice of India SA Bobde.

The Supreme Court has also decided to formulate guidelines on the use of social media in criminal cases, especially in cases of bail, after noting that it had seen how social media can be used to create problems.

Choudhary, a politician from Amroha, had used social media to target Prime Minister Narendra Modi and Chief Minister Yogi Adityanath for allegedly mishandling the coronavirus epidemic. He was arrested on April 11 under various provisions of the Indian Penal Code, the Disaster Management Act, and Information Technology Act for flouting lockdown norms, trying to create enmity, and other offences.

On May 20, the Allahabad High Court granted him bail on the condition that he cannot use social media for 18 months or till the trial ends, whichever is earlier, even though he pleaded for modifications.

Senior advocate Salman Khurshid submitted in the Supreme Court that such a condition was a curb on free speech and could not have been included in the bail order.

Rejecting Khurshid’s point, it asked, "We don't see any problem with this order. If offences alleged against you are also about how you used social media, why cannot a restraint be issued?”

It rejected Choudhary's interim plea for lifting the prohibition. At the same time, the bench told Khurshid that the top court would examine this issue in detail for the purposes of passing appropriate guidelines.

"We are inclined to entertain your petition but we will issue notices so that we can lay down proper guidelines on the matter of social media. We will pass orders on his after hearing all parties," the bench said. It issued a notice to the Uttar Pradesh government and will hear the matter for August 28.

ADVERTISEMENT
(Published 11 July 2020, 03:12 IST)

Follow us on

ADVERTISEMENT
ADVERTISEMENT