Supreme Court to examine if restriction can be placed on use of social media in bail orders

The Supreme Court on Friday said that it was not too onerous for a man, if a condition was imposed in granting bail to him that he would not use social media on the ground that it may create mischief.

A bench of Chief Justice S A Bobde and Justices R Subhash Reddy and A S Bopanna made the oral observations while agreeing to examine a question of law whether a trial court can restrict a person from using social media on allowing him bail.

Another issue was if such restrictions can be imposed when the crime committed has nothing to do with social media access.

The court said it would lay down the law in this regard as senior advocate Salman Khurshid, appearing for a Congress leader Sachin Choudhary, questioned such a condition imposed on him client.

"We don't think it is too onerous if a person's participation on social media creates mischief. Why can't the court say don't use the instrument by which you caused mischief," the bench asked.

Khurshid, for his part, said there was no allegations relating to social media use against his client.

The court issued notice to the Center, and Uttar Pradesh government on the petition filed by Choudhary, challenging one such condition imposed by the Allahabad High Court in granting him bail.

He was arrested in April after he questioned the relief measures being undertaken by the Yogi Adityanath government following Covid-19 actuated lockdown.