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Delhi High Court directs LinkedIn to disclose user details after lawyer denies making derogatory post against judiciary

The Court passed the order while hearing a suo motu criminal contempt case arising from the LinkedIn post in question.

Bhavini Srivastava

The Delhi High Court recently directed professional networking platform LinkedIn to provide user details of an account which published derogatory comments about the Indian judiciary on the website [Court on its own Motion Vs Sanjucta Kabasi Advocate].

A Bench of Justices Navin Chawla and Ravinder Dudeja passed the order while hearing a suo motu criminal contempt case arising from the LinkedIn post in question.

“As this may have a vital bearing on answering the contempt reference, we would request LinkedIn Corporation to disclose the identity and details of the person who has created this account and uploaded the above referred post,” the Court stated.

Justice Navin Chawla and Justice Ravinder Dudeja

On the first hearing last year, the Court had observed that the said LinkedIn post titled ‘Sanjucta Kabasi’s Post’ "brings down the majesty of law in the eyes of the public and has interfered with the administration of justice".

Thereafter, the Court initiated a criminal contempt case against Kabasi, who is a lawyer, and sought her response on the post.

During the course of hearing, the Court asked Kabasi if she operates the account from which the said LinkedIn post was published. Kabasi stated that the LinkedIn account does not belong to her.

In order to ascertain the account user’s identity, the Court also asked the Cyber Cell, Delhi Police to furnish details pertaining to the post.

“We further request the Cyber Cell of the Delhi Police to furnish a report specifying (i) the date on which the post appearing at pages 19 and 20 of the PDF paper book was created, (ii) the IP address from which it was posted, (iii) if the post has been removed, the date of removal and the IP address from which such removal was effected, and (iv) the date of creation of the concerned LinkedIn account.” 

The Court has asked the Cyber Cell to submit its report answering these queries within two weeks.

The next date of hearing is March 11. 

Advocate Harsh Prabhakar assisted the Court as Amicus Curiae.

Advocate Kabasi appeared in person.

[Read order] 

Court on its own Motion Vs Sanjucta Kabasi Advocate.pdf
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