Delhi High Court Orders Sunita Kejriwal to Take Down Excise Case Court Proceedings Video from Social Media

Notices were issued by the bench of Justices Neena Bansal Krishna and Amit Sharma of the High Court to six persons, including Sunita Kejriwal, X, Meta, social media and also to YouTube. They were issued in response to a petition accusing them of breaching Delhi High Court video conferencing rules. The court directed social media platforms to remove similar content, if there is a re-post in case. The ex-parte ad-interim order was issued to this effect by the court. Matters will come for further hearing on July 9 and, in the meantime directed that the content shall not be re-posted.

The Delhi High Court has ordered the removal of a video recording of court proceedings relating to the excise policy case uploaded by Sunita Kejriwal, wife of Chief Minister Arvind Kejriwal on various social media platforms. The video shows Arvind Kejriwal, the national convenor of the Aam Aadmi Party, addressing a trial court.

Notices were issued by the bench of Justices Neena Bansal Krishna and Amit Sharma of the High Court to six persons, including Sunita Kejriwal, X, Meta, social media and also to YouTube. They were issued in response to a petition accusing them of breaching Delhi High Court video conferencing rules. The court directed social media platforms to remove similar content, if there is a re-post in case. The ex-parte ad-interim order was issued to this effect by the court. Matters will come for further hearing on July 9 and, in the meantime directed that the content shall not be re-posted.

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The petition by advocate Vaibhav Singh says that Arvind Kejriwal's personal address to the trial court on 28 March was improperly recorded and then posted on social media in contravention to the Delhi High Court Rules for Video Conferencing for Courts, 2021. The rules provide that any such unpermitted recording of proceedings is categorically prohibited.

It also made clear that in case of the original posters failing to remove this content, orders can be passed by courts for its removal, with which Meta's counsel has agreed to comply, the court added. Once the notice has been issued, social media intermediaries must immediately remove the identical re-posts of the impugned content, it added.

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The PIL of the petitioner also prayed for the constitution of an SIT to investigate and register an FIR against all those who recorded/transmitted the audio-video of the court, which would endanger the trial court judge.

The plea has also prayed for stringent punishment under the Contempt of Courts Act, 1971, against the contemnors for their wilful and deliberate disobedience of the directions and for infringement/commission of contravention of the VC Rules 2021 framed by the court. Directions to restrain without conditional recordings and circulation via social media on account of resultant consequences thereof in the event of non-compliance.

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Arvind Kejriwal was arrested on March 21 in connection with the Delhi excise policy 'scam' money laundering case and he is lodged at Tihar jail in judicial custody.

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