The Delhi High Court has initiated a criminal contempt case against Aam Aadmi Party (AAP) leaders, including Arvind Kejriwal and Manish Sisodia, regarding social media posts deemed to be disparaging towards Justice Swarana Kanta Sharma. The court has formally requested their response in the matter.
A division bench comprising Justices Navin Chawla and Ravinder Dudeja issued notices to the involved politicians concerning the suo motu contempt case. This action was prompted by Justice Sharma after she identified social media activity she considered to be a smear campaign against her. The court has granted the AAP leaders a four-week period to submit their formal replies, with the subsequent hearing scheduled for August 4.
As per information available with TahirRihat.com, the contempt proceedings originated from social media posts that Justice Sharma believed were intended to undermine her impartiality in relation to the excise policy case. Justice Sharma had initiated the criminal contempt proceedings on May 14 against Kejriwal, Sisodia, and other AAP figures, citing what she characterized as their “vilifying” social media conduct. The core of the issue involves posts perceived as targeting her with accusations of political bias and manipulating video content to portray her unfairly.
Justice Sharma articulated that instead of utilizing established legal channels, the former Delhi chief minister allegedly spearheaded a deliberate campaign to tarnish her reputation across various social media platforms. She also clarified that the Central Bureau of Investigation‘s (CBI) petition, which contests the discharge of all individuals previously accused, would now be reviewed by a different judicial panel. The judge highlighted several social media postings that suggested she had political affiliations and allegiances. Allegedly, these posts incorporated a misleadingly altered video clip extracted from a speech she had presented at an academic institution in Varanasi.
Furthermore, Justice Sharma addressed the widespread dissemination of excerpts from court proceedings related to the ongoing case. She stated that the individuals potentially in contempt of court were constructing an alternate narrative, implying an attempt to influence public perception outside the framework of the legal process. According to Justice Sharma, maintaining silence in response to such actions would signify not judicial restraint but rather a capitulation to a powerful litigant. The case has seen multiple layers of legal arguments and judicial decisions leading to the current contempt proceedings.
On February 27, a trial court had previously exonerated Kejriwal, Sisodia, along with 21 other individuals, in the aforementioned liquor policy case. The court’s decision emphasized that the case was fundamentally flawed and unsustainable under judicial scrutiny, thus discrediting its entirety. Following Justice Sharma’s rejection of their applications seeking her recusal from the CBI petition—a petition challenging their initial discharge—Kejriwal, Sisodia, and Durgesh Pathak jointly penned a letter to Justice Sharma on April 20. In this letter, they declared their intention to abstain from appearing before her, either in person or through legal representation, and instead committed to adhering to what they termed “Mahatma Gandhi’s path of Satyagraha”. PTI sources confirmed these details.
The legal community remains keenly observant as the proceedings unfold, due to their implications for the intersection of social media, public discourse, and the integrity of judicial processes. The High Court’s handling of this case will set precedents for how the judiciary addresses public criticism and potential influence campaigns in the digital age. The balance between freedom of expression and the protection of judicial independence will be a central theme throughout the hearings.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.