The Patna High Court recently directed the authorities to register a first information report (FIR) against an advocate accused of abusing judges of the Supreme Court, the Patna High Court as well as the Union Law Minister on social media.
Justice Sandeep Kumar directed the Economic Offices Unit (EOU) of the Bihar government to register an FIR and constitute an expert team to investigate into the “various objectionable materials” and offences committed by the accused, Advocate Dinesh.
“This action should be taken forthwith as the judiciary cannot be threatened by a single misdirected individual. The EOU will also investigate the involvement of other persons in this illegal activity,” the Court ruled.
The Court also came down heavily on social media platforms for not tackling or reporting abusive posts on judicial officers, judges and others. In this light, it stated,
“Though under the law, the abuse is required to be reported to the police but the social media platforms have failed in their duty, therefore this Court is taking up the matter.”
EOU, Instagram, Facebook, Twitter, YouTube, WhatsApp, Messenger and Meta were directed to be arrayed as opposite parties in the matter.
It was noted that the Bihar government had issued a memo for taking action against persons who are making objectionable comments and using foul language against government ministers, Members of Parliament, Member of Legislative Assembly and other government officials. However, the Court noted,
“Though this memo was issued on 21.01.2021 but till date EOU has failed to take any action against the person/persons making objectionable comments and posts on various social media platforms against the then Chief Justice of India, Supreme Court Judges, Patna High Court Judges including Ex Chief Justice of Patna High Court and the then Union Law Minister.”
The Court called upon the EOU to do its duty and submit an action taken report by December 17.
Justice Kumar also took note of an FIR registered through a complaint by one Advocate Pratap Sharma regarding a cyber crime that the police have not investigated yet. The Court directed the EOU to investigate this case as well, and to submit a report within one month.
