“Initiating A Dialogue Would Not Only Help In Tackling The Pandemic But Also Preserve Its Memory In Public Records”: Supreme Court Warns DGP’s Of Coercive Action In Case Of Harassing Citizens For Sharing Information

The Supreme Court Bench of Justices DY Chandrachud, LN Rao & S Ravindra Bhatt while hearing a suo moto plea related to management of CoVID crisis PAN India has directed the Central & State Govt to notify all Chief Secretaries/Directors General of Police/Commissioners of Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform would attract a coercive exercise of jurisdiction by this Court. 

“In these trying times, those desperately seeking help for their loved ones on these platforms should not have their misery compounded through the actions of the State and its instrumentalities.”, the Court observed.  

The Court passed these directions after taking note of individuals seeking help for procurement of oxygen, essential drugs or finding hospital beds for their own networks or amplifying requests being targeted & alleged for posting wrong & false information on social media with an intent to create panic, defame the administration or damaging the national image.

“We do not hesitate in saying that such targeting shall not be condoned, and the Central Government and State Governments should ensure that they immediately cease any direct or indirect threats of prosecution and arrest to citizens who air grievances or those that are attempting to help fellow citizens receive medical aid. If this does keep happening even after the current order, this Court shall be constrained to use the powers available to it under its contempt jurisdiction.”, the Court added.

The Bench also emphasized on the following reasons to immediately stop clampdown on information sharing:

Firstly, sharing information widely in the current CoVID 19 pandemic is in itself an important tool in combating public tragedies. Reference was made to the Supreme Court judgement in K.S. Puttaswamy (Privacy-9J.) vs Union of India , in which Justice DY Chandrachud speaking for four Judges of a nine-Judge bench of this Court noted academic literature documenting the widespread availability of information and the resultant acknowledgement of the problem is what prevented the drought in Maharashtra in 1973 from becoming as bad as the Bengal Famine of 1943, where the British tried to deny the problem even existed.

“As such, preventing clampdowns on sharing of information on online platforms is not just in the interest of individuals sharing the information, but the larger democratic structures of our nation. Without the ready availability of such information, it is entirely possible that the COVID-19 pandemic may turn into a tragedy worse than what it already is.”, the Bench noted. 

Secondly, sharing information widely would help in the creation of a “collective public memory” of this pandemic. The presence of collective public memory, which refers “to an extant and taken-for-granted group memory” Therefore, the widespread sharing of information by individuals living through the COVID-19 pandemic becomes crucial. 

The Bench has therefore directed the Judicial Registrar to place a copy of this order before all the District Magistrates in the Country & for all DGP’s to ensure compliance down the ranks of the police forces within their jurisdictions.