The Delhi High Court has held YouTuber Gulshan Pahuja guilty of criminal contempt, ruling that his videos crossed the line from criticism into personal attacks on judicial officers and damage to the institution’s credibility. The court observed that while dissatisfaction with judicial outcomes can lead to criticism, such expression must remain within legal and constitutional limits. In this case, the bench found that the content went beyond fair comment and instead attempted to erode public confidence in the justice system.
Court draws line on free speech
A bench comprising Justices Navin Chawla and Ravinder Dudeja said the videos were not protected under the right to free speech. The judges noted that while litigants may express frustration, such remarks must not devolve into unfounded allegations. According to the court, Pahuja’s statements lacked any evidentiary basis and amounted to sweeping claims that could influence public perception against specific judicial officers and the judiciary at large.
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Personal attacks and institutional impact
The court highlighted that the YouTuber had made direct allegations against multiple judicial officers, even suggesting that litigants should not expect justice if their cases were heard by them. Such remarks, the bench said, undermine judicial authority and interfere with the administration of justice. It further observed that criticism of the judiciary must be backed by credible material, especially since judges do not have the means to publicly defend themselves against such claims.
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Next steps on punishment
While holding him guilty, the court has asked Pahuja to submit his response on the issue of punishment within two weeks. At the same time, it clarified that his broader campaign advocating for audio and video recording of court proceedings did not amount to contempt. Two advocates who appeared in the videos were discharged after offering unconditional apologies, bringing partial closure to the case while the court considers further action against the YouTuber.
