CJI Surya Kant Calls Out “Blackmailing” Digital Platforms as “Digital Arrests”; Supreme Court Highlights New-Age Challenge of Virtual Media Trials in Police Posting Case

The Chief Justice of India on Friday agreed with the Solicitor General of India that certain digital platforms function like “blackmailers,” likening their conduct to “digital arrests.”

A bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing a writ petition seeking regulation of police practice of posting photographs of accused persons on official social media accounts.

Towards the conclusion of the hearing, the discussion shifted to the role of social media. Solicitor General Tushar Mehta submitted that while mainstream media generally acts responsibly, the same cannot be said about virtual platforms and social media users. “Now everyone with a mobile is a media. There are some platforms which exist only virtually, which are blackmailers. Blackmailing is an understatement,” the SG remarked.

CJI Surya Kant concurred and observed, “It is some form of a digital arrest only. Unfortunately, it is not an offence.” Justice Bagchi added that “atomised social media” has emerged as a new-age challenge.

The CJI further expressed concern over growing societal insensitivity, noting that if a person lies injured on the road after an accident, passers-by are more likely to film the incident on their phones than to help the victim reach a hospital.

The Court recently directed the Central Government to identify social media users and websites that posted irresponsible content following its order in the NCERT textbook controversy. The CJI has previously emphasised the need to regulate online media.

In the present petition filed by Hemendra Patel, Senior Advocate Gopal Sankaranarayanan argued that posting images of accused persons handcuffed, tied by ropes or in beaten condition is humiliating and creates bias in the public mind, contributing to a parallel social media trial.

The bench suggested that the petitioner await the outcome of a related matter where States have been directed to frame guidelines on police media briefings. The petitioner was granted liberty to amend the petition if necessary.

The matter has been kept pending for further consideration.

Cause Title: Hemendra Patel v. Union of India | W.P.(C) No. 311/2026