Delhi HC Directs Sunita Kejriwal To Take Down Video Of Trial Court Proceedings From Social Media Platforms; Issues Notice In PIL

The Court was dealing with a Public Interest Litigation (PIL) against the alleged unauthorized recording and dissemination of court proceedings, sparking concerns of potential contempt of court.

The Vacation Bench of Justice Neena Bansal Krishna and Justice Amit Sharma also issued notice to six people, including Sunita Kejriwal, and social media intermediaries X, Meta, and Youtube in the PIL alleging violation of the video conferencing rules of the Delhi High Court.

The Division Bench has also directed the social media platforms to take down the video. 

The PIL filed through Advocate Vaibhav Singh had sought action against several individuals, including Sunita Kejriwal, political figures, and social media users, for willfully violating the Video Conferencing Rules dated October 26, 2021, aimed at regulating the use of video conferencing in court proceedings.

The petition highlighted an incident involving the Chief Minister of Delhi, Arvind Kejriwal, who appeared before Special Judge Kaveri Baveja CBI, Rouse Avenue Court, on March 28, 2024, in connection with the Delhi Liquor Policy scam case. Despite the prohibition on recording court proceedings, Kejriwal's presentation of facts was recorded and subsequently circulated on various social media platforms.

According to the Petition, members of the Aam Aadmi Party (AAP) and other political entities intentionally recorded and disseminated the audio and video recordings of the court proceedings, purportedly as part of a preplanned conspiracy to manipulate public perception and undermine the judiciary's independence.

"The post regarding this audio/video recording was circulated on X erstwhile Twitter with the #MoneyTrailExposedByKejriwal. The circumstances in which the audio/video recording went viral smell deep conspiracy by the political parties to malign the image of the judiciary and mislead the common people of this nation, and also to show the general public that the judiciary is working on the behest of the government and under the pressure of the Central Government," the plea read.

It added, "The above circumstance suggests that this was a preplanned conspiracy to record the audio/video recording of the court proceedings hatched by Mr. Arvind Kejriwal and his party members. That Mr. Kejriwal never before nor after, presented his case in court which shows that presenting his case on 28.03.2024 was part of some conspiracy to gain public sentiments."

The Petition further stated that soon after the hearing in the case was over many social media handles belonging to the Aam Aadmi party members and other political parties started Posting, Reposting, Forwarding, Sharing, and Resharing the audio and video recording of the court proceedings.

The Petition identified specific individuals involved in sharing the recordings, including Akshay, Sunita Kejriwal, Promila Gupta (Councilor, Ward 11, Timarpur, Ex-Member Delhi Commission for Women, Ex-Member Governing Body of SPM College), Vineeta Jain (Vice President of INC Rajasthan), and Dr. Arunesh Kumar Yadav (Spokesperson of National Media In charge of the OBC Dept of Indian National Congress), among others. Their actions, as per the petitioner, contravene Clause-3, Sub-Clause VI of the "High Court of Delhi Rules for Video Conferencing for Courts 2021," which expressly prohibits unauthorized recording of court proceedings.

As per Chapter-II, Clause-3, Sub-Clause VI:

(vi) There shall be no unauthorized recording of the proceedings by any person or entity.

The PIL prays for the formation of a Special Investigation Team (SIT) to probe the conspiracy behind the unauthorized recordings and to register FIRs against the perpetrators. The Petition also calls for a thorough investigation to identify individuals responsible for recording and disseminating the recordings, emphasizing the need for strict penalties in accordance with the Contempt of Courts Act, 1971.

Furthermore, the Petition urges the imposition of strict penalties on individuals found guilty of violating the Video Conferencing (VC) Rules 2021 of the Delhi High Court. It prays for the issuance of directives to social media platforms to prevent the recurrence of such unauthorized recordings and dissemination, with penalties for non-compliance.

"Issue appropriate directives to social media platforms to prevent the recurrence of such unauthorized recordings and their subsequent dissemination and impose penalties for non-compliance of directions on any individual or entity...Pass any other orders/directions ex debito justitae in the facts and circumstances of the case," the plea reads.

Cause Title: Vaibhav Singh v. Sunita Kejriwal & Ors. [W.P.(C)-8422/2024]