The Delhi High Court on Thursday issued notices to online news portal The New Indian, social media platform X (formerly Twitter), and one Atul Krishna for publishing a news article about “contemptuous” and “malicious” legal notice that allegedly seeks to lower the dignity of the court.

The Single-Bench of Justice Chandra Dhari Singh directed representatives of The New Indian and X to appear before the court in the next hearing scheduled for October 28.

"Issue notice to the said online news media platform, i.e.,"The New Indian‟, Mr. Atul Krishna, Author of the news article published on "The New Indian‟ and "X‟ (formerly known as Twitter) through all permissible modes on filing PF within a week.....List on 28th October, 2024," the Court ordered.

The case arises from a legal dispute between the petitioners and Brains Logistics Private Limited, which had filed a complaint of forgery against the petitioners and sent them a legal notice. The petitioners claimed that this notice contained allegations of manipulation of the High Court Registry and news about the same was subsequently published on The New Indian and X, which the court found to be potentially scandalous.

Senior Advocates Mukul Rohatgi and Rajiv Nayyar, appearing for the petitioner, submitted that as per the settled position of law, the notices/communications exchanged between the parties to litigation are private documents, and publishing the same on social media or sending the said notices for publication in the public domain is nothing but an act towards scandalising the entire institution and to lower the dignity of the High Court.

Nayyar argued that it is clear-cut case for initiation of the criminal contempt proceedings against the respondent No. 2 as well as the publishers who have published the said notice on the online news media platform, namely "The New Indian‟ as well as on "X‟ (formerly known as Twitter)

After having heard the Counsel, the Court said, "Issue notice. Mr. Dhayia, learned counsel appearing on behalf of the non-applicant/respondent no. 2 accepted notice and submitted that the contents of the aforesaid notice nowhere shows the malicious intent to scandalise the entire institution and the submissions advanced on behalf of the applicant/petitioner no. 2 are baseless and misconceived."

The Court expressed concern over the publication of private legal documents and noted that the legal notice, which lacked proper dating and advocate details, appeared to have malicious intent. "..this Court is prima facie of the opinion that the purpose of sending the said undated legal notice, which does not bear the name of the advocate, enrolment number, stamp etc. is done with mala fide intent and the same is apparent on the face of it. Further, Mr. Dhaiya, learned counsel appearing on behalf of the non-applicant/respondent no. 2 has not made any reply with regard to the above said contentions in order to justify the contents of the said notice," it said.

"Upon perusal of the contents of the above said notice, as well as the contents of the news article dated 23rd September, 2024 and post made on "X‟ (formerly known as Twitter), it is made out that prima facie the same contains malicious and contemptuous allegations which not only seek to scandalise, interfere with the administration of justice, but also makes false assertions, cast aspersions on the entire institution and the Registry of the High Court, and therefore, lower the dignity and authority of the High Court. In light of the same, this Court is of the view that the contents made in the said notice makes serious allegations against the Registry of the High Court by stating that the petitioner has allegedly manipulated the Registry of the High Court by tactics and misrepresentation," the Bench observed.

Cause Title: Vijay Srivastava & Anr v. State of NCT of Delhi and Anr.

Appearance:-

Petitioner: Senior Advocates Mukul Rohtagi, Rajiv Nayyar, Punit Bali and Maninder Singh, Advocates Rishi Agrawala, Ankit Banati, Rahul Malhotra, Devika Mohan, Abhay Agnihotri, Monavi Agrawal, Rishu Kant Sharma

Respondent: Additional Public Prosecutor Yudhvir Singh Chauhan, Advocates Deepak Dahiya, Mohit Yadav, Gautam Mehlawat, Lalit Gandas, Manish

Click here to read/download the Order


Justice Chandra Dhari SinghDelhi High CourtTwitter

Sukriti Mishra