Whether prohibition on Social Media use can be a pre-condition for granting bail? SC to examine

The Supreme Court on Friday agreed to examine whether prohibition on use of social media can be prescribed as a pre-condition for granting bail.

A three-judge bench headed by Chief Justice SA Bobde issued a notice to Uttar Pradesh government while refusing to interfere with an order passed by the Allahabad high court on May 20 which granted bail to Congress leader Sachin Choudhary on the condition that he will not use social media. “What is wrong with an order asking you not to use social media? We don’t think it’s too onerous if a person’s participation on social media creates mischief. Why can’t the court say you don’t use the instrument which was used to cause mischief,” the bench remarked.

UP police had filed an FIR against Choudhary on April 11 for various offences under various sections of the Indian Penal Code (IPC), including sedition (section 124A) and promoting enmity between religious groups (section 153-A), and Disaster Management Act. The case was registered in connection with a press conference allegedly held by Choudhary in April questioning chief minister Yogi Adityanath’s handling of the pandemic.

The Allahabad high court released him on bail while setting a slew of conditions.

In his plea filed through advocate Keshav Ranjan, Choudhary maintained that he had only given a statement to media when they approached him. Choudhary also contested imposition of restrictions on use of social media as a condition for bail submitting that it is violative of freedom of speech under Article 19 of Constitution.

The SC bench said that it will lay down a law regarding whether restrictions on social media can be imposed while granting bail.

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