The Delhi High Court, on September 16, 2026, orally remarked that if Ajeet Bharti has designated himself as a YouTube commentator, he must be circumspect about the content he publishes. The observation was made during the hearing of Bharti’s plea for anticipatory bail in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Court was informed that Bharti had approached the high court after the trial court rejected his anticipatory bail application. The trial judge had concluded that Bharti’s remarks, made in a video uploaded on August 22 on his verified YouTube and social media account, prima facie disclosed an offence under Section 3(1)(r) of the SC/ST Act. The trial court noted that the video contained references to caste hierarchy and marriageability in the context of a sitting Member of Parliament, Chandra Shekhar Azad, and Dr BR Ambedkar.
The trial court had observed that Bharti’s remarks repeatedly invoked caste names while discussing the marriageability of the MP. It specifically noted the statement that it was not sufficient for the MP to be a “Chamar and an MP” for a marriage to be arranged, and that the MP would first have to “make himself worthy” to seek the hand of a woman from a “Savarna” family. The court held that such language could not be characterised as mere generic abuse or a stray caste reference at the prima facie stage.
The trial court further stated that the remarks touched upon the notion identified in Shajan Skaria (paragraph 62) as the paradigm of “intent to humiliate” under Section 3(1)(r), relating to caste-based notions of purity and the assumed superiority of “upper” over “lower” castes in matters of alliance and lineage. It added that asserting that the MP must make himself worthy of marrying an upper-caste girl implied that a person from the SC/ST community must possess something extra to be considered fit for marriage, which the court viewed as humiliating.
During the high court hearing, Justice Saurabh Banerjee, while passing the matter for 2:30 pm to allow the court to watch the impugned video in chambers, orally addressed the petitioner’s counsel, advocate Jai Anant Dehadrai. The judge stated that there is no such thing as a “YouTube commentator” as a formal designation; rather, the petitioner has designated himself as such. He emphasized that Bharti must be aware of his identity, his platform, and the implications of his speech.
Justice Banerjee added that there are no written norms governing such self-designated roles, and that Bharti, lacking formal academic qualifications in the subject, must understand the gravity of his statements. The judge cautioned that one cannot enter a public domain and express opinions on caste and marriage without being circumspect, especially when statutory protections exist for marginalised communities under the SC/ST Act.
The judge further remarked that if Bharti wishes to contend that the entire video should be viewed, then nothing should be taken out of context. However, he stressed that statutes providing special protections define certain acts as offences, and individuals must exercise caution when their speech may fall within those definitions.
Petitioner’s counsel argued that Bharti’s primary source of income comes from posting political conversations on YouTube and podcasts, and that his intention was never to denigrate any caste. Counsel maintained that Bharti was responding to offensive comments made against his mother and sister in the video.
Bharti has publicly denied making any casteist remarks, asserting that his video was a reaction to offensive remarks directed at his family. The FIR in the case was lodged under the SC/ST Act and relevant provisions of the Indian Penal Code, based on the allegation that the video contained derogatory and humiliating remarks concerning members of the Scheduled Caste community.
The high court has reserved its order on the anticipatory bail plea after directing that the impugned video be viewed in chambers to assess the context and content of the remarks made.