Top court judge calls for regulation of social media

New Delhi: Justice Pardiwala, part of the Supreme Court bench that rapped former BJP spokesperson Nupur Sharma for remark on Prophet Muhammad, called for strict regulations on social media, claiming that media trials are not healthy for rule of law.

"Personal attacks on judges for their judgements lead to a dangerous scenario," said Justice JB Pardiwala.

Both Justice Pardiwala and Justice Surya Kant were targeted on social media by users after their oral comments against Nupur Sharma during the hearing of her plea.

During a virtual address on Sunday, Justice Pardiwala said social media is overrun by people "possessing half truth and information" and those who don't understand rule of law, evidence, judicial process and limitations.

"A trial is supposed to be carried out by the courts. Trials by digital media are undue interference for the judiciary. This crosses the Laxman Rekha and is all the more problematic when only half truth is pursued. Constitutional courts have always graciously accepted informed dissent and constructive criticism," Justice Pardiwala said, adding that personal attacks on judges will not be tolerated.

"Social media is primarily resorted to expressing personalised opinions more against the judges, rather than a constructive critical appraisal of their judgements. This is what is harming the judicial institution and lowering its dignity," Justice Pardiwala stated.

Expressing concern over the current state of the judiciary, Rajya Sabha MP and senior advocate Kapil Sibal on Sunday said some members of the institution have "let us down" and "I hang my head in shame" for what has happened in the recent past.

In an interview with PTI, Sibal also said that in recent years, free speech, and how it has been interpreted by the Supreme Court, unfortunately, is not allowed the space that is constitutionally permissible to it. Attacking the Bharatoya Janata Party-led government at the Centre, he said there is a "de facto emergency" in place with "throttling" of institutions. The rule of law is "infringed'' on a daily basis, he alleged.

Sibal also said the present dispensation wants an 'Opposition-mukt Bharat' not jut a 'Congress-mukt Bharat'. Asked about the arrest of Alt News co-founder Mohammad Zubair, Sibal said that the more worrying larger issue was that some members of the judiciary have "let us down".

"Some members of the institution (judiciary) of which I have been a part for 50 years, have let us down. I hang my head in shame that this has happened. When the judiciary turns a blind eye to ex facie violations of the rule of law one wonders why an institution designed to protect the rule of law allows the rule of law to be infringed with open eyes," Sibal told PTI over phone from the UK.

Talking about the arrest of Zubair and the denial of bail to him by a Delhi court, he said that for a tweet four years ago without any communal outcome, it is "unthinkable" for that person to have been arrested.