Madras HC issues statutory notice to Advocate over viral video depicting eroticism during online proceedings

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The Madras High Court on Thursday issued statutory notice to Advocate R.D. Santhanakrishnan, who was engaged in eroticism with a lady during online court proceedings after which suo moto criminal contempt case was made.

During the course of hearing, the Inspector of Police, Cyber Crime Cell, CB-CID, Chennai filed a preliminary report wherein it was stated that the male in the impugned video clipping was one R.D.Santhanakrishnan who is an Advocate practising in Perambur, Chennai.

In continuation to their previous order, the division bench of Justice PN Prakash and Justice R Hemalatha passed the following directions –

  • Issue statutory notice to R.D.Santhanakrishnan returnable by 20.01.2022.
  • The Registrar (IT-cum-Statistics) also placed before us, a copy of the impugned video feed in a Compact Disc for record purpose.
  • The said CD shall be kept in a sealed cover and placed before us on the hearing dates.
  • We nominate Mr.B.Vijay, as counsel for the petitioner/Madras High Court and the Registry is directed to print his name in the cause list.

The Public Prosecutor submitted that social media platforms have been asked to block the circulation of video as mentioned in Action Taken Report provided by Police officials,

“pursuant to the order dated 21.12.2021 passed by this Court, communications have been addressed to various social media platforms like Facebook, Instagram, WhatsApp, Twitter and Google to block the circulation of the impugned video clipping and that the police are pursuing the matter with the Nodal Officers concerned.”

It is also stated in the report provided by Inspector of Police, Cyber Crime that the CB-CDI has registered a case on 22.12.2021 for the offences under Sections 228, 292(2)(a) and 294(a) IPC and Section 67-A of the Information Technology Act, 2008 and investigation was in progress.

It is further stated in the said preliminary report that, “the name of the female in the impugned video clipping is yet to be ascertained and that steps are being taken in that regard.”

The matter is listed for 20th January, 2022.

Previously, the Court had taken suo motu criminal contempt cognizance over viral social media media in which a man is engaged in eroticism with a lady during online court proceedings.

The Bench had directed the CID to file an FIR under Information Technology Act and other penal laws in the matter against the concerned persons.

The bench had noted that, “This Court cannot afford to be a mute spectator and turn a Nelson's eye when such brazen vulgarity is publicly displayed amidst Court proceedings.”

[Case Title - Suo Motu Criminal Contempt Petition No.1699 of 2021]