Supreme Court warns contempt action against States, Police Officials for clamping down SOS calls

Contempt of Court

Kareena Eugene

Today, 30th April 2021, Justice D. Y. Chandrachud, while hearing a Suo moto case pertaining the COVID issues, observed that “If citizens communicate their grievance on social media and internet, then it cannot be said that it’s wrong information,”.

The Court warned that if Officers were found clamping out such information, then it will initiate contempt proceedings.

The Bench comprising of Justices L. Nageswara Rao and S. Ravindra Bhatt said, “We want to make it very clear that if citizens communicate their grievance on social media and internet then it cannot be said its wrong information”.

“Let a strong message go to all the states and DGP of states,”, the Bench observed.

Amid the shortage of oxygen and drugs that are essential for the treatment of Corona, many people were affected and had been resorting to social media for help.

Many celebrities have also lent a hand in providing reliable sources for the availability of resources and sharing toolkits. The Punjab and Haryana High Court also remarked that social media is doing a great job in reaching out to people in times of their need.

The SC’s remarks assume relevance in view of UP Government’s decision to prosecute people under National Security Act for allegedly raising false alarms on social media.

Chief Minister Yogi Adityanath, had asserted in a virtual press meet that there is no shortage of oxygen in any private or public hospitals in the State and that actions will be taken against those who “spreads false rumours” under the National Security Act.

Adityanath also issued instructions to high-rank police officials to “keep a watch” on people spreading such rumours and duly investigate such incidents to see whether such reports were made just to create fear amongst the people.

Recently, the Amethi Police in UP booked a boy under various provisions of the IPC for “spreading false rumours” who had gone to social media to find sources for his grandfather who was in a critical condition.

Meanwhile, a PIL was filed before the Allahabad High Court by activist Saket Gokhale, seeking to restrain any coercive action.

In 27th April, during the last hearing, the Bench had sought the response of the Central Government on issues such as-oxygen supply, availability of drugs like Ramdesivir, vaccination pricing policies and more.

That Court also asked the Centre to explain the basis for the vaccination pricing.

The Court directed the Centre that, “The government shall explain the rationale for differential pricing in regard to vaccines sourced by the Union government on one hand and the states on the other hand”.

The Bench clarified that the Suo moto case was not to stop the High Courts from dealing with the COVID-19 situation in their jurisdictions, but said that the Supreme Court is focusing on larger, inter-state issues, and was only playing a contemporary role to the High Courts.

The Supreme Court made this statement by acknowledging that the High Courts are better equipped to deal with local issues.

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