INTRODUCTION
The Ajmer court has issued a notice to Drishti IAS founder Vikas Divyakirti, taking cognizance against him for allegedly making derogatory and defamatory comments against judiciary comparing judiciary and IAS officers, directing him to appear on July 22 and directed Ajmer Police to investigate further on the matter.
WHAT WAS THE VIDEO ABOUT?
The case finds its roots in a viral video titled “IAS v/s Judge: Who is More Powerful; best guidance by Vikas Divyakirti sir hindi motivation” wherein the accused claimed in the video that High Court judges are appointed through lobbying and not merit and that judicial power is an illusion. “A District Judge is not a big deal… he eats alone… To become a High Court Judge, one has to lobby… distribute sweets, and still the file may not move,” Divyakirti allegedly said. This prompted Advocate Kamlesh Mandoliya to file against the video and he claimed that Divyakirti’s statements made in the alleged video not only were derogatory towards the judges and the judiciary but also undermined the public trust in the judicial system
VIKAS DIVYAKIRTI’S STAND
Firstly Divyakirti, in his stance, has clearly denied the authorship and authorisation of the alleged video and contended that he had no connection or control over the YouTube channel which uploaded the alleged content. Furthermore, he said that it may have been extracted and edited by third parties without his knowledge or consent. He further submitted before the court that the alleged content constituted a general comment on matters of public interest, including judicial appointments, and that no specific individual or identifiable group was targeted, therefore, it cannot attract the provisions related to defamation as per Section 356 of the Bhartiya Nyaya Sanhita(BNS) since it is protected by freedom of speech under Article 19(1)(a) of the Constitution.
COURT PARTIALLY ACCEPTS DEFAMATION PLEA
In the matter brought by Advocate Mandolia before the hona’ble Ajmer Court, the Additional Civil Judge and Judicial Magistrate Manmohan Chandel observed that the comments made by Divyakirti do not fall within the ambit of constitutionally protected criticism or academic freedom under article 19(1)(a) of the Indian Constitution, but rather amount to an intentional and derogatory attack upon the dignity and authority of the judicial system and the shaken the public faith in the judiciary mechanism. The Court further said that Divyakirti clearly used an indecent and insulting tone against the entire judiciary mechanism. After a detailed hearing, the Rajasthan Court has partially accepted the defamation plea against the derogatory comments made by Divyakirti in the alleged video and ordered him for his personal appearance before the court on 22 July 2025.
“Prima facie, the offence under Section 353(2) and Sections 356(2) and 356(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 66A(B) of the Information Technology Act, 2000, appears to be made out against the accused. Hence, cognizance is hereby taken of the offences under the aforementioned sections,” the Court said and ordered the accused to appear before the court on 22th of July 2025.
CONCLUSION
Vikas Divyakirti’s remark in the alleged viral video on youtube not only were derogatory and defamatory towards the judges and the judiciary but also tried to undermine the public trust in the judicial system as a consequence of which the Ajmer Court has ordered him for personal appearance before the court on July 22 and also ordered the Ajmer Police to investigate on the matter further.
AUTHOR’S INFORMATION
Mansi, a third year law student currently studying at VIPS-TC under GGSIPU with a growing interest for legal research. She’s passionate about criminal justice, family law and women & child rights.