Supreme Court On Online Trolling

New Delhi: A rueful Supreme Court slammed social media trolls and their actions as “really atrocious”, acknowledging that even the highest judicial forum in the country is not immune. “If we pass an order in favour of someone… the other side trolls the judge,” Justice Ujjal Bhuyan said Monday.

“Trolling in social media is really atrocious and everyone is affected. Judges are also trolled,” he said, to which his colleague, Justice Surya Kant said it is better to ignore such attacks.

“A large section of irresponsible people have, unfortunately, got access to these platforms. They are completely insensitive (and) are not aware of their duties. They only think about some alleged rights, and will continue to attack all institutions… they have to be ignored.”

The court’s comments came as it granted bail to Bibhav Kumar, the aide of Delhi Chief Minister Arvind Kejriwal. Mr Kumar was arrested 100 days ago for allegedly assaulting Rajya Sabha MP Swati Maliwal, who is a member of Mr Kejriwal’s Aam Aadmi Party, at the Chief Minister’s home.

During the hearing the representative for Ms Maliwal highlighted the trolling his client had been subject to on social media, saying, “In this case the crime did not end on May 13… since then there has been trolling and victim-shaming. I have to file a complaint… the petitioner’s friends are constantly trolling – on X, via e-mails, on other social media platforms… everywhere.”

Appearing for Mr Kumar, senior advocate Abhishek Singhvi pointed out his client could not be held responsible for the actions of others, and that he did not own X or the other platforms.

The Supreme Court’s comment on the “atrocious” trolling that has become all too common today came as it sympathised with Ms Maliwal and her condition.

That did not, however, stop the court from granting Bibhav Kumar bail.

READ | Kejriwal Aide Bibhav Kumar Gets Bail In Swati Maliwal Assault Case

As with recent high-profile bail orders – including AAP leader and ex Delhi Deputy Chief Minister Manish Sisodia and BRS lawmaker K Kavitha, both arrested in the alleged liquor policy case – the Supreme Court came down strongly on keeping accused persons in jail without a trial.

Mr Kumar has spent 100 days in jail.

“Petitioner is in custody for 100 days. Chargesheet filed. It is a case for bail, and you should not oppose. You can’t keep a person in jail in such cases,” the court told Additional Solicitor General SV Raju, who was representing Delhi Police that was opposing the grant of bail to Mr Kumar.

On July 12, the Delhi High Court had dismissed Mr Kumar’s bail plea, saying he enjoys “considerable influence” and no ground to grant him the relief was made out.

In granting bail today, the Supreme Court also underlined the ‘bail is the rule, jail is the exception’ legal principle it upheld in releasing Mr Sisodia and Ms Kavitha.

READ | “Travesty Of Justice”: Manish Sisodia Gets Bail, Supreme Court Slams Delay

Pointing to the right to personal liberty under Article 21 of the Constitution, the court observed, as it has in other cases, that one cannot curtail liberty as a practice and that doing so has consequences.

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