SC overturns Delhi HC order to delete Wikipedia page on ANI lawsuit

The Supreme Court of India on Friday set aside a Delhi High Court order requiring the removal of a Wikipedia page detailing amounting to Rs 2 crore filed by news agency ANI (Asia News International) against Wikimedia Foundation, as per a report in . 

Delhi HC had previously ordered the deletion citing concerns that the content amounted to contempt of court and interfered with court proceedings.

However, a Supreme Court bench comprising Justices Abhay S. Oka and Ujjal Bhuyan on Friday held that courts as public institutions should be open to the public, and even sub-judice issues can be debated by the public and the press.

“The court as a public and open institution must always remain open to public observation, debate and criticism…However, those offering criticism should remember that judges cannot respond to such criticism. If a publication scandalises the court or judges and if a case of contempt is made out, certainly the court should take action. But it is not the duty of the court to tell the media to delete this, take that down.

"For the improvement of any system and that includes the judiciary, introspection is key. That can only happen if there is a robust debate even on issues which are before the court,” the bench observed, according to LiveLaw. 

Justice Bhuyan reportedly remarked that it is not the court's role to instruct the media to remove content, highlighting that both the judiciary and the media are foundational pillars of democracy. The Supreme Court’s decision was informed by the judgements in landmark cases such as Sahara and Naresh Mirajkar. 

ANI had alleged that the Wikipedia page contained defamatory content, including claims that the agency served as a propaganda tool for the government.

The news agency, according to published by Newslaundry in April 2024, has had a reputation since 2014 "of being pro-government to the point of being crude. The truth is it’s always leaned towards the powers that be for access and business. Every second tweet from its regional X handles are on chief ministers".