Facts
The Delhi High Court Bar Association filed a contempt petition concerning three videos allegedly uploaded by Respondent No. 1, Dr. Kapil Kakar, containing allegations of corruption, collusion, criminality and improper conduct against a sitting Judge of the Delhi High Court, the Judiciary, Government agencies and other persons.
Source reference: paras. 22, 29–31By order dated 8 June 2026, the Court directed the relevant intermediaries to remove or block the impugned videos and the accounts/handles of Respondent No. 1, and restrained further publication or circulation of identical, modified, reproduced or substantially similar content.
Source reference: paras. 22, 28A subsequent order dated 12 June 2026 clarified that the restraint applied to Respondent No. 1 and added further URLs for removal.
Source reference: para. 32Respondent No. 1 applied under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking recall of the ex parte order insofar as it blocked all his social-media accounts.
Source reference: para. 13At the hearing, Respondent No. 1 stated that the three videos were no longer available online through him. Meta Platforms Inc., Google LLC, X Corp. and LinkedIn Corporation confirmed that the URLs identified by the Petitioner had been blocked or taken down pursuant to the earlier orders.
Source reference: paras. 3–8Issues
Whether the objections regarding absence of the Standing Counsel’s consent under Section 15 of the Contempt of Courts Act, 1971, and absence of the supporting affidavit in the copy served upon Respondent No. 1 invalidated or otherwise warranted recall of the contempt proceedings.
Source reference: paras. 16–28Whether the direction to block all social-media accounts of Respondent No. 1, in addition to removing the impugned videos, was justified and proportionate.
Source reference: paras. 18, 29–34Whether the impugned videos prima facie constituted contempt by scandalising the Court, undermining confidence in the administration of justice or interfering with judicial functions, warranting cognizance under Section 15 of the Contempt of Courts Act, 1971.
Source reference: paras. 22, 29–36Whether further directions were required for removal of subsequently discovered URLs containing identical, modified, mirrored or substantially similar content.
Source reference: paras. 7–9Law Applied
The Court applied Section 15 of the Contempt of Courts Act, 1971, under which cognizance of criminal contempt may be taken with the consent of the Advocate-General or the authorised Standing Counsel; the Court held that the requisite consent had been obtained and placed on record.
Source reference: paras. 19, 23, 26–28It applied the constitutional principle that freedom of speech permits fair criticism of judicial orders and institutions, but does not protect unsupported allegations of corruption, collusion, criminality or improper motives that scandalise the Court, undermine public confidence in the administration of justice or interfere with judicial functioning.
Source reference: paras. 22, 29–30The Court also relied on Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the provision invoked in the recall/takedown application.
Source reference: para. 2The Court also relied on Rule 10 of the Contempt of Courts (Delhi High Court) Rules, 2025, for issuance of a formal show-cause notice after the Court took cognizance.
Source reference: para. 36The earlier injunction principles required intermediaries to remove or disable access to unlawful material upon notice and permitted blocking of subsequently discovered URLs containing identical or substantially similar content within the prescribed period.
Source reference: paras. 22, 28(iv)Reasoning
The Court rejected the procedural objections because the record contained the Standing Counsel’s consent and the supporting affidavit of the DHCBA’s Joint Secretary; the fact that these documents may not have accompanied the advance-service copy did not invalidate the proceedings, particularly when Respondent No. 1 had not appeared on 8 June 2026 to obtain the complete court record.
Source reference: paras. 23–28On the merits, the Court viewed the three videos and found that the first two included repeated allegations that Judges were corrupt, involved in quid pro quo arrangements, favoured corporations, threatened lawyers and engaged in criminal or improper conduct.
Source reference: para. 30The third video demonstrated that Respondent No. 1 knew of the contempt proceedings and threatened to create new accounts and re-upload the material, while urging viewers to download and circulate the videos.
Source reference: paras. 31–32In these circumstances, removal of individual URLs alone was considered insufficient; blocking all accounts was justified to prevent circumvention, re-publication and dissemination of substantially similar content.
Source reference: para. 33Since the material was prima facie contemptuous, the Court considered it appropriate to take cognizance and issue a formal show-cause notice.
Source reference: para. 36Holding
The application under Section 528 BNSS seeking recall of the order dated 8 June 2026 was disposed of, with the Court holding that the objections regarding consent, affidavit and the scope of account-blocking were meritless.
The blocking of all social-media accounts of Respondent No. 1 was upheld as justified in light of his stated intention to create new accounts and re-upload the offending content.
Source reference: paras. 28, 33–34The recusal application was dismissed as not pressed.
Source reference: paras. 10–12The Court directed that any further URLs containing the impugned or substantially similar videos be reported to the Registrar General, who would notify the concerned platforms for removal or blocking within 24 hours under the earlier order.
Source reference: paras. 7–9The Court took cognizance of criminal contempt under Section 15 of the Contempt of Courts Act, 1971, directed issuance of a show-cause notice under Rule 10 of the 2025 Delhi High Court Rules, permitted Respondent No. 1 to file a reply affidavit within two weeks, and listed the contempt petition and discharge application for 7 September 2026.
Source reference: paras. 35–38Acts & Sections Cited
2 provisions across 2 statutes referred to in this judgment. Linked provisions open on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Contempt of Courts Act, 19711
Original Court PDF
Delhi High Court Bar AssociationvsDr Kapil Kakar & Ors.
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
