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2020 Supreme(SC) 952

SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
Aditya Kashyap – Petitioner
Versus
Rachita Taneja – Respondent
Contempt Petition (Crl.) No. 4 of 2020
Decided On : 18-12-2020

Advocates:
Advocate Appeared:
For the Petitioners: Mr. P.S. Narasimha, Mr. Nachiketa Joshi, Mr. Namit Saxena, Mr. Pushpinder Nanda, Ms. Priyanka Das, Ms. Anshul Sharma, Mr. Sahil Monga.

Consent of the Attorney General for India is crucial for initiating contempt proceedings under the Contempt of Courts Act, 1971.

Headnote:

Contempt of Court - Social Media Posts - The court initiated contempt proceedings against the petitioner, a law student, for publishing contemptuous posts on social media that scandalized and undermined the authority of the Court. The Attorney General for India gave consent for initiating proceedings under the Contempt of Courts Act, 1971, stating that the tweets with attached cartoons were in contempt of the Supreme Court of India.

Fact of the Case:

The petitioner, a law student, filed a petition for initiating contempt proceedings against the contemnor-respondent for publishing contemptuous posts on social media that scandalized and undermined the authority of the Court. The Attorney General for India gave consent for the proceedings.

Finding of the Court:

The Court issued notice returnable within six weeks to the contemnor-respondent, who was not to appear in person.

Issues: Initiation of contempt proceedings for social media posts scandalizing the Court.

Ratio Decidendi: The Attorney General's consent and satisfaction that the tweets with attached cartoons were in contempt of the Supreme Court of India influenced the initiation of contempt proceedings.

Final Decision: The Court initiated contempt proceedings against the contemnor-respondent for publishing contemptuous posts on social media.

ORDER :

1. The petitioner, a student of law, has filed this petition for initiating proceedings for contempt for publishing contemptuous posts on social media which allegedly scandalise and undermine the authority of this Court. The petitioner has filed this contempt petition after obtaining consent of learned Attorney General for India. Learned Attorney General for India while giving his consent by letter dated December 1, 2020 recording his satisfaction states:

    “............I am satisfied that each one of the tweets with the cartoons attached to them is in contempt of the Supreme Court of India and hence I give my consent to initiate proceedings under the Contempt of Courts Act, 1971 in regard to each one of the tweets.”

2. Issue notice returnable within six weeks. The contemnor-respondent not to appear in person.

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