HC full bench orders Youtube, Google to delete pages with 'offending sting video'

MUMBAI: A full bench of the

Bombay high court

on Friday directed Youtube and Google Inc to delete pages that featured supposed "sting videos" of court proceedings. It was a historic hearing in the central court room packed with lawyers, litigants and media persons.

A bench comprising chief justice Manjula Chellur, Justice Shantanu Kemkar, Justice Abhay Oka, Justice Satyaranjan Dharmadhikari and Justice R M Savant commenced hearing on a contempt petition filed by the Bombay Bar Association against 14 persons and entities, including a lawyer, for defaming the judiciary. The contempt petitions have also been filed against Youtube, Google Inc, Alphabet and Google India.

The court asked Youtube and Google Inc to also delete any "objectionable" videos that are uploaded in the future on the subject concerning the contempt case on receiving the URL from the HC registrar general. The petition filed by BBA had urged the court to initiate criminal contempt proceedings against an advocate and others involved in video recording of court proceedings and uploading it online as a sting.

A division bench headed by Justice Oka had last month referred the case to a larger bench. "The issues which may arise in this contempt petition are of great deal of importance for the institution of judiciary. The issues directly concern the independence of the judiciary. Considering the fact that the issues involved are of paramount importance to the judicial system, it will be appropriate if this petition is placed before a larger bench of three or more Judges," the court had said.

Senior advocate Shrihari Aney, counsel for the BBA, pointed out that while Youtube had taken down the objectionable videos, the title and caption remained on the pages. Senior advocate V Tulzapurkar, representing Youtube, cited a technical issue and added that he would check if it was possible to delete the pages.

Advocate Nilesh Ojha, the lawyer against whom contempt notices were issued, questioned the maintainability of BBA's petition and said the association had no locus standi to file the case. The bench said that it would hear the issue of maintainability.