Case Brief
Parties: S. Ve. Shekher v. Al. Gopalsamy & Ors.
Case No.: Petition(s) for Special Leave to Appeal (Crl.) No(s). 9522-9525/2023 (Arising out of impugned final judgment and order dated 14-07-2023 in CRLOP(MD) No. 11494/2018 14-07-2023 in CRLOP(MD) No. 12163/2018 14-07-2023 in CRLOP No. 5099/2019 14-07-2023 in CRLOP No. 6211/2021 passed by the High Court Of Judicature At Madras)
Court: Supreme Court of India
Bench: Hon’ble Mr. Justice B. R. Gavai; Hon’ble Mr. Justice Prashant Kumar Mishra
Date of Order: 18.08.2023
Topic: Responsible posting and forwarding of messages on social media
Facts:
The Petitioner, X is an MLA in the Mylapore constituency. X circulated an abusive, derogatory and vulgar comment on his Facebook account which showcases women journalists in a poor light, and the contents were highly derogatory against the press as a whole in Tamil Nadu. Thereafter, an FIR came to registered under Sections 504, Sec. 505(1)(c), 509, IPC, and Sec. 4, Tamil Nadu Prohibition of Women Act, 2002. Private complaints also came to be filed against X.
X filed a petition before the Madras High Court under Sec. 482, CrPC to quash the criminal proceedings initiated against him. However, the court observed that “…We live in an era where social media has virtually taken over the lives of every individual in the world. A message sent/forwarded in the social media can reach the nook and corner of the world in no time. The ability to communicate is one of the main reasons for the world being ruled by human beings. We are now suffering from a virtual information diarrhoea where everyone is bombarded with messages. Hence, what is exchanged as a message in the social media, can have a very big influence within a short time. That is the reason as to why a person must exercise social responsibility while creating or forwarding a message. This is more so when the person concerned, by virtue of his position, can really influence the minds of the general public. A message sent/forwarded becomes a permanent evidence and it is almost impossible to wriggle out of the consequence that falls out by sending or forwarding a message…” and refused to quash the proceedings against X.
X filed a special leave to appeal against the said order of the Madras High Court
Issue
- Whether an appeal by way of special leave petition can be entertained?
- Whether X’s request for exemption of his personal appearance before the trial court can be entertained?
Conclusion
In respect of issue 1, the Supreme Court refused to entertain the petition.
In respect of issue 2, the Supreme Court stated that the request for exemption of personal appearance can only be made before the Trial Court, and the same shall be considered in accordance with law.
The Supreme Court disposed of the matter on the aforementioned grounds.
By – Divya R, Trainer & External Member, Chief Research & Development Officer (The Legal Swan)