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Supreme Court - Daily Orders

In Re: Prajwala Letter Dated 18.2.2015 ... vs .......... on 2 July, 2018

Bench: Madan B. Lokur, Uday Umesh Lalit

     ITEM NO.301                          COURT NO.3                 SECTION PIL-W

                            S U P R E M E C O U R T O F         I N D I A
                                    RECORD OF PROCEEDINGS

                                       SMW (Crl.)No(s).3/2015

                            IN RE: PRAJWALA LETTER DATED 18.2.2015
                         VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS

     Date : 02-07-2018           This matter was called on for hearing today.

     CORAM :                     HON'BLE MR. JUSTICE MADAN B. LOKUR
                                 HON'BLE MR. JUSTICE UDAY UMESH LALIT


                                 Ms. N.S. Nappinai, Adv. (A.C.)[NP]

     For Petitioner(s)           Ms. Aparna Bhat, AOR
                                 Ms. Joshita Pai, Adv.
                                 Mr. Mayank Sapra, Adv.

     For Respondent(s)           Mr.   Maninder Singh, ASG
     For CBI/MHA                 Mr.   R. Balasubramanian, Adv.
                                 Ms.   Gunwant Dara, Adv.
                                 Ms.   Rashmi Malhotra, Adv.
                                 Ms.   Snidha Mehra, Adv.
                                 Ms.   Kirti Dua, Adv.
                                 Mr.   P.K. Dey, Adv.
                                 Mr.   T.A. Khan, Adv.
                                 Mr.   Aman Singh, Adv.
                                 Ms.   Aarti Sharma, Adv.
                                 Mr.   Prabhas Bajaj, Adv.
                                 Mr.   Arvind Kumar Sharma, Adv.
                                 Ms.   Sushma Suri, AOR
                                 Mr.   Mukesh Kumar Maroria, AOR
                                 Mr.   B.V. Balram Das, Adv.

     Yahoo                       Mr. Samir Ali Khan, AOR
                                 Mr. Sanjay Kumar, Adv.
                                 Mr. Kushank Sindhu, Adv.

     Facebook Ireland            Mr.   Sidharth Luthra, Sr. Adv.
                                 Ms.   Richa Srivastava, Adv.
                                 Mr.   Shijo George, Adv.
                                 Ms.   Ishani Banerjee, Adv.
                                 Mr.   Kumar Vaibhav, Adv.
                                 Mr.   Devashish Tiwari, Adv.
Signature Not Verified
                                 Mr.   S. S. Shroff, AOR
Digitally signed by
MEENAKSHI KOHLI
Date: 2018.07.03

     Facebook India
17:13:08 IST
Reason:                          Ms. Richa Srivastava, Adv.
                                 Mr. S. S. Shroff, AOR


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Google               Mr. Sajan Poovayya, Sr. Adv.
                     Ms. Ruby Singh Ahuja, Adv.
                     Mr. Vishal Gehrana, Adv.
                     Ms. Tahira Karanjawala, Adv.
                     Mr. Priyadarshi Banerjee, Adv.
                     Mr. Saransh Kumar, Adv.
                     Mr. S. Pratibhanu Singh Kharola, Adv.
                     Mr. Sharvan Sahny, Adv.
                     Mr. Avishkar Singhvi, Adv.
                     Mrs. Manik Karanjawala, Adv.
                     Mr. Sanjeet Ranjan, Adv.
                     for M/s. Karanjawala & Co.

Microsoft India      Mr. Amar Gupta, Adv.
                     Mr. Akhil Bhardwaj, Adv.
                     Mr. Divyam Agarwal, AOR

Whats App            Mr.   Kapil Sibal, Sr. Adv.
                     Mr.   Tejas Karia, Adv.
                     Mr.   Shashank Mishra, Adv.
                     Mr.   Koshy John, Adv.
                     Mr.   Raghav Tankha, Adv.
                     Mr.   Vivek Reddy, Adv.
                     Mr.   S.S. Shroff, Adv.

         UPON hearing the counsel the Court made the following

                                O R D E R

We have heard learned counsel for the petitioner. She has prepared charts based on the affidavits filed by the parties before us. We have also gone through the affidavits filed by the parties before us. The suggestions and comments prepared by learned counsel for the petitioner based on the affidavits filed by the parties before us have been handed over to the learned ASG.

It is stated on behalf of the Union of India that meetings are being held from time to time with the intermediaries / internet service providers.

In our opinion, it will be appropriate if the Ministry of Home Affairs at a senior level has a meeting with the intermediaries / 2 internet service providers within next two weeks to discuss the suggestions and comments of learned counsel for the petitioner and to ensure that the agreed recommendations of the Committee are implemented in letter and spirit.

We have been informed by the learned ASG that certain key words are required to be incorporated with pop up warnings on searches relating to rape, gang rape as well as child sexual abuse (videos and websites). This may be taken up as a part of the discussion to be held by the Union of India with the internet service providers. The meeting may be held within next two weeks as noted above. The learned ASG says that intimation will be given to the parties at least a week before the next meeting is held. The Amicus as well as the petitioner may also be informed about the meeting and they may attend, if they so desire.

List the matter on 27th July, 2018 at 2.00 pm. It is made clear that the proceedings need not be in camera on that date.

(MEENAKSHI KOHLI)                                 (KAILASH CHANDER)
  COURT MASTER                                      COURT MASTER




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