Kerala High Court
Mrs. Sindhu Suryakumar vs State Of Kerala on 17 November, 2023
WP(C) No.34989/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 17th day of November 2023 / 26th Karthika, 1945
WP(C) NO. 34989 OF 2023 (W)
PETITIONER:
MRS. SINDHU SURYAKUMAR, AGED 49 YEARS, W/O G. VINOD, EXECUTIVE
EDITOR, ASIANET NEWS NETWORK PVT LTD., BENSHE TOWERS, HOUSING BOARD
JUNCTION, THIRUVANANTHAPURAM RESIDING AT NIVEDYAM, PRA C 123, SREE
CHITRA QUARTER LANE, KUMARAPURAM, THIRUVANANTHAPURAM-11, PIN -
695001
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY HOME DEPARTMENT,
GOVERNMENT SECRETARIAT TRIVANDRUM, PIN - 695001
2. STATE POLICE CHIEF, POLICE HEADQUATERS, TRIVANDRUM, PIN - 695010
3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUATERS, TRIVANDRUM , PIN -
695010
4. META PLATFORMS, INC.(FACEBOOK- INDIA), UNIT 28 AND 29, THE EXECUTIVE
CENTRE, LEVEL 18, DLF CYBER CITY, BUILDING NO. 5, TOWER A, PHASE
III, GURGAON, INDIA, PIN - 122002
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the Respondents to remove Exhibit-P1 Facebook Post by
Shri Sudeep accessible through the url Id
https://m.facebook.com/story.php?story_fbid=pfbid02wbqMm9eWipXXJVhGux79onM
oQgx1hXzQrKcfGcMtHYtRoKLLbeRJ7QZbp8EMj5Wbl&id=100072075932681&sfnsn=wiwspw
a&mibextid=RUbZ1f from any and all social media platforms including
Facebook, YouTube, Instagram and other online social network services of
Shri Sudeep pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.V.V.NANDAGOPAL NAMBIAR, PREEJA. P.VIJAYAN, SMITHA (EZHUPUNNA) & CHITRA
JOHNSON, Advocates for the petitioner, GOVERNMENT PLEADER for R1 to R3,
the court passed the following:
WP(C) No.34989/2023 2/3
MOHAMMED NIAS C.P.J
..................................................
WP(C)No.34989 of 2023
...........................................
Dated this the 17th day of November, 2023
ORDER
Admit.
Learned Government Pleader takes notice for respondents 1 to 3. Notice by speed post and e-mail to the 4th respondent Considering the fact that as against the facebook post dated 3.7.2023 (Ext.P1) FIR has been registered, evident from Ext.P3 as FIR No.0745 of Cantonment Police station, Thiruvananthapuram, the request of the petitioner in her letter dated 31.07.2023 (Ext.P4) to remove the offending post ought to have been considered as it infringes the rights of the petitioner. I find merit in the writ petition and accordingly, an interim order as prayed for is granted.
Respondents 1 to 3 will take such steps to ensure that the post in question is removed forthwith and also prevent any further circulation of the said post and a compliance report in that regard shall be filed before this Court on or before 23/11/2023.
The petitioner is directed to implead the author of the post in question.
Post on 24/11/2023.
Sd/-
MOHAMMED NIAS C.P. JUDGE dlk 17 .11.2023 17-11-2023 /True Copy/ Assistant Registrar WP(C) No.34989/2023 3/3 APPENDIX OF WP(C) 34989/2023 Exhibit P1 TRUE COPY OF THE FACEBOOK POST DATED 03.07.2023 Exhibit P3 TRUE COPY OF FIR IN CRIME NO: 745/2023 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 31.7.2023 PREFERRED TO THE 2ND RESPONDENT 17-11-2023 /True Copy/ Assistant Registrar