SC warns all the states of contempt if authorities target citizens for complaining on social media about shortages, such as those of beds and hospitals

Airing of grievances represents 'a free flow of information' that would help tackle the Covid-19 crisis more effectively, the apex court said

Supreme Court of India: File picture

R. Balaji   |   TT  |  New Delhi   |   01.05.21  :  The Supreme Court on Friday warned police and other authorities of contempt proceedings if they target citizens for complaining on social media about shortages, such as those of beds and hospitals.

Airing of grievances represents “a free flow of information” that would help tackle the Covid-19 crisis more effectively, the bench of Justices D.Y. Chandrachud, L. Nageswara Rao and S. Ravindra Bhat said.

The court’s warning comes amid reports that relatives of several Covid patients who appealed for oxygen or medicines on social media have been arrested in Uttar Pradesh on the charge of spreading “rumours” or “panic” following a crackdown ordered by chief minister Yogi Adityanath.

“We don’t want any clampdown on information. We will treat it as a contempt of court if such grievances are considered for action,” Justice Chandrachud said.

“So, let a strong message go out to all the states and the DGPs (directors-general of police) of the states not to take action against citizens for social media posts about shortage of beds, Covid care centres and hospitals, etc, during the pandemic. Clampdown of information is contrary to basic precepts.”

Conviction for contempt can lead to a jail term of up to six months.

The court’s oral warning came during daylong, inconclusive suo motu proceedings relating to the Covid situation.

“I flag this issue at the outset. We want to make it very clear that if citizens communicate their grievance on social media and Internet then it cannot be said it’s wrong information,” Justice Chandrachud told solicitor-general Tushar Mehta, who was representing the Centre, and senior counsel appearing for various states.

“If any action is taken against such posts by citizens in distress, we will haul the police up for contempt.”

Mehta said he agreed fully.

“By (allowing) free flow of information on the deficiencies and needs during this humanitarian crisis on social media platforms, we will be in a better position to tackle the problem,” the bench said.

Justice Chandrachud recalled that a free flow of information had helped the government tackle the 1970 famine effectively while a clampdown during the 1918 Spanish flu pandemic had poor consequences.

On Wednesday, a public interest plea was moved in Allahabad High Court seeking protection from arrest for relatives of Covid patients who appeal for oxygen or medicines on social media and for members of citizens’ volunteer groups who help them.

Petitioner Saket Gokhale, a social activist, alleged that such people were being arrested in Uttar Pradesh and that family members of Covid patients were now afraid to seek help.

Adityanath, who denies any oxygen or medicine shortage in Uttar Pradesh, has ordered a crackdown on hospitals and individuals who “spread panic”.

Citizens across the country have taken to social media to complain about the shortages afflicting the treatment of Covid patients and the authorities’ shoddy pandemic management.