The Delhi High Court on Thursday issued notice to online news portal The New Indian, social media platform X and one Atul Krishna for posting a "contemptuous" and “malicious” legal notice that potentially “lowers the dignity” of the Court. [Vijay Srivastava & Anr v. State of NCT of Delhi and Anr]
Justice Chandra Dhari Singh directed the representatives of The New Indian and X to appear before the Court on the next date of hearing.
“Since the private and personal documents have been published on an online news media platform, this Court is of the view that presence of representatives of ‘The New Indian’ and ‘X’ (formerly known as Twitter) is necessary. It is observed by this Court that the publisher of the aforementioned news article has published the above said legal notice on its platform and on ‘X’ (formerly known as Twitter) with the intent to scandalize and lower the dignity of the High Court," the order stated.
The Court was hearing a plea to quash an order passed by the Karkardooma court, which directed the police to register a first information report (FIR) against the petitioners. The case arose from a dispute between the petitioners and one Brains Logistics Private Limited (respondent company), in which the latter had filed a complaint for forgery and other offences against the petitioners, and sent them a legal notice.
An application was also filed by the petitioners before the High Court seeking to bring on record a legal notice sent by Brains Logistics through a firm called CPS Legal.
Counsel for the petitioners told Justice Singh that the notice contains malicious and contemptuous allegations against the High Court. Among the claims made in the notice was that the petitioner manipulated the Registry of the High Court to get a matter listed.
It was also submitted that one Atul Krishna published this legal notice on The New Indian and on X through the same news portal’s handle.
Counsel appearing for the respondent company refuted any mala fide intent in the legal notice. He further claimed that the contents of the legal notice came in the public domain when they were read out during a virtual hearing.
The Court expressed shock at the conduct of the respondent company and directed it to submit a justification, on the basis of which the Court will decide whether criminal contempt proceedings are to be initiated against it.
It noted that since the legal notice was undated, and does not bear the name of the advocate, enrolment number, stamp etc, mala fide intent is evident.
Further, the Court was of the prima facie view that the contents of the legal notice were “contemptuous” and “malicious”, and cast aspersions on the entire institution.
“...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 Court observed.
The matter will be heard next on October 28.
Senior Advocates Mukul Rohtagi, Rajiv Nayyar, Punit Bali and Maninder Singh, along with Advocates Rishi Agrawala, Ankit Banati, Rahul Malhotra, Devika Mohan, Abhay Agnihotri, Monavi Agrawal and Rishu Kant Sharma appeared for the petitioners.
Additional Public Prosecutor Yudhvir Singh Chauhan represented the State.
Advocates Deepak Dahiya, Mohit Yadav, Gautam Mehlawat, Lalit Gandas and Manish appeared for the respondent company.
[Read order]