SC on Delhi HC ruling: Should courts be so touchy about criticism?

NEW DELHI: Supreme Court on Friday questioned the validity of Delhi high court's order directing Wikimedia to remove a page from its site on court proceedings and asked whether courts should be so touchy about criticism. It said the court could pass such an order if an article was contemptuous but not on the grounds of it being critical of the judiciary.

A bench of Justices Abhay S Oka and Ujjal Bhuyan passed the remarks while hearing a petition by Wikimedia Foundation against HC order directing it to take down the page titled 'Asian News International v Wikimedia Foundation'.

"We can understand if action for contempt is taken. But how can there be a direction to take down the offending pages and discussion unless the court comes to a conclusion that this is contempt?" the bench said.

As ANI, a news agency, sought adjournment in the case to file its response, the bench said, "Can such an order be passed? See, every day in the media you will find very severe criticism of the court. Unless it is contempt, can we be so touchy about criticism of the courts?"

HC had taken exception to comments on the page which it found to be prima facie contemptuous. Challenging the order, Wikimedia contended that the issue was very important as it pertained to freedom of media and urged the court to examine it.

The offending page, which has already been taken down, contained details about the defamation case filed by ANI against Wikimedia in HC.