CBI registers case to probe alleged defamatory posts against Andhra HC & SC judges

In a significant development, the CBI registered a case against 16 persons and other unknown individuals for allegedly defaming Andhra Pradesh High Court and Supreme Court judges on social media. It clubbed 12 FIRs filed by the AP Crime Investigation Division from April-July 2020 on the complaint of the Registrar General of the AP HC into a single case. As per the complaint, some persons occupying important posts in AP are "intentionally targeting" judges by attributing motives to certain SC and HC judges delivering judgments.

Moreover, it has been alleged that the accused persons wrote "abusive, life-threatening and intimidating" social media posts against judges over recent orders and judgments delivered by AP HC judges. In its FIR registered on November 11, 16 individuals have been charged under Sections 153A, 504, 505, 506 and Section 67 of the IT Act. It is pertinent to note that a division bench of the Andhra HC comprising Justices Rakesh Kumar and J Uma Devi on October 12 directed the CBI to take over the case and submit a report to it in a sealed cover within a period of 8 weeks. 

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The Andhra HC order

The Andhra HC's order came in the backdrop of a series of purported derogatory posts made on social media against judges, following some court verdicts that went against the YS Jagan Mohan Reddy-led government. It expressed displeasure over the CID investigation into the Registrar General's complaint. Observing that "persons occupying high posts are indulging in waging war against the judicial system", the judges noted that this may create "unnecessary doubt" in the mind of citizens against the judiciary.

In paragraph one of the order dated October 12, the HC stated, "Since the month of April 2020, this Court has noticed that a new trend has developed in the State of Andhra Pradesh to abuse the High Court and its Judges on different sites of social media and even in the interviews given to electronic media. It is well-known that Judges are not having any platform to come and say about their integrity, sincerity etc., even in a case they are otherwise abused or insulted. It is true that under the provisions of the Contempt of Courts Act, 1971, in a case of willful disobedience/insult to the Court, one can be dealt with; but the fact remains that penal provisions under the Contempt of Courts Act are though enough to deter persons, who have some faith in the system; but not enough to deter such malefactors in making unwarranted allegations against the Judiciary or Judges. The person occupying high posts are indulging in waging war against the judicial system in the State of Andhra Pradesh oblivious of the fact that even their entity is existed since there is democratic system in our country. In a democratic State if such war is initiated against the judicial system by persons holding high positions, certainly it will create unnecessary doubt in the mind of citizen against the judicial system, which may cripple entire system." 

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