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Civil · Reportable judgment

Wikimedia Foundation Inc. vs ANI Media Private Limited & Ors.

Court
Supreme Court of India
Date
9 May 2025
Case No.
Civil Appeal No. 5391 of 2025
Result
Allowed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 5 S.C.R. 1911 : 2025 INSC 656
Acts & Sections
Constitution CPC Contempt of Courts Act, 1971
Supreme Court Reports [2025] 5 S.C.R. 1911 : 2025 INSC 656
Issue for consideration
Issue arose with respect to the legality and propriety of the directions issued by the Division Bench of the High Court to the appellant to take down/delete the pages and discussion with regard to the observations made by the High Court.
Headnote

Constitution of India – Arts.19(1)(a), 21 – Respondent had initiated a suit against the appellant wherein the Single Judge of the High Court passed an order dated 20.08.2024 – Later, an opinion piece was published in the Indian Express (E-edition) titled ‘why the case against Wikipedia in India is a challenge to freedom of speech and information’ – It was also hosted in the platform of the appellant – Appellant filed an appeal before the Division Bench of the High Court against the order dated 20.08.2024 – Pending said appeal, a video was posted about the case – A talk page was hosted on appellant’s platform opening up discussions on the ongoing proceedings before the High Court – Thereafter, Division Bench of the High Court issued directions against the appellant to take down/delete the said pages and discussions as it amounts to interference in court proceedings, violation of sub judice principle by a party to proceedings and borders on contempt – Legality thereof: Held: The judicial attitude to the sub judice principle or interference in court proceedings or contempt of court have been clearly spelt out by this Court – Words of this Court expressed through the nine-Judge Bench decision in Naresh Shridhar Mirajkar : trial held subject to the public scrutiny and gaze naturally acts as a check against judicial caprice or vagaries and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity and impartiality of the administration of justice – Courts, as a public and open institution, must always remain open to public observations, debates and criticisms – Infact, courts should welcome debates and constructive criticism – Every important issue needs to be vigorously debated by the people and the press, even if the issue of debate is sub judice before a court – However, those who offer criticism should remember that Judges cannot respond to such criticism but if a publication scandalizes the court or a Judge or Judges and if a case of contempt is made out, as highlighted by Justice Iyer in the sixth principle, certainly courts should take action – But it is not the duty of the court to tell the media: delete this, take that down – For the improvement of any system and that includes the judiciary, introspection is the key – That can happen only if there is a robust debate even on issues which are before the court – Both the judiciary and the media are the foundational pillars of democracy which is a basic feature of our Constitution – For a liberal democracy to thrive, both must supplement each other – The above position has become more nuanced in the digital age – Nonetheless, the Division Bench had reacted disproportionately while issuing the impugned directions – Impugned directions are set aside. [Paras 30-33] Constitution of India – Arts.19(1)(a), 21 – Freedom of speech and expression vis-à-vis sub judice principle or interference in court proceedings or contempt of court – Discussed. [Paras 22-31]

Keywords: Criticism of court proceedings · Censorship · Threat to the flow of information · Legality and propriety of directions · Contempt proceedings · Preventive injunction · Freedom of speech and expression · Sub judice principle · Interference in court proceedings · Wikipedia · Test of present and imminent danger · Freedom of press · Right to know · Doctrine of prior restraint · Postponement order · Prejudice to fairness of trial · Public trial · Accountability of judicial institutions

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ujjal Bhuyan, J. This appeal by special leave is directed against the order dated 16.10.2024 passed by the Division Bench of the High Court of Delhi (‘High Court’ hereinafter) in FAO (OS) No.146 of 2024 (Wikimedia Foundation Inc. Vs. ANI Media Private Limited and Ors.). 2. Order dated 16.10.2024 of the Division Bench of the High Court reads as under: 1. On the last date of hearing, learned counsel for respondent No. l had drawn this Court’s attention to a page published on the website ‘Wikipedia ‘wherein the impugned order passed by the learned Single Judge in CS(OS)524/2024 was a
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