Kerala High Court
Santhigiri Ashram(Reg No.88/78) vs Union Of India on 28 October, 2019
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941
WP(C).No.28336 OF 2019(N)
PETITIONERS:
1 SANTHIGIRI ASHRAM(REG NO.88/78),
SANTHIGIRI P.O., POTHENCODE,
THIRUVANANTHAPURAM - 695 589, REPRESENTED BY
ITS GENERAL SECRETARY, SWAMI GURURETHANAM
JNANA THAPASWI.
2 SWAMI GURURETHNAM JNANA THAPASWI,
GENERAL SECRETARY, SANTHIGIRI ASHRAM,
POTHENCODE, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 589.
BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY,
MINISTRY OF COMMUNICATIONS, DEPARTMENT OF
TELECOMMUNICATIONS, SANCHAR BHAWAN, 20,
ASHOKA ROAD, NEW DELHI - 110 001.
2 THE SECRETARY, MINISTRY OF ELECTRONICS AND
INFORMATION TECHNOLOGY,
GOVERNMENT OF INDIA, ELECTRONICS NIKETAN, 6,
CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.
3 TELECOM REGULATORY AUTHORITY OF INDIA
LIMITED,
THROUGH ITS CHAIRMAN, MAHANAGAR DOORSANCHAR
BHAWAN, JAWAHARLAL NEHRU MARG,
NEW DELHI - 110 002.
W.P.(C) No. 28336 of 2019
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4 COMPUTER EMERGENCY RESPOND TEAM-INDIA(CERT-
IND),
MINISTRY OF ELECTRONICS AND INFORMATION
TECHNOLOGY, GOVERNMENT OF INDIA, NEW DELHI -
110 002.
5 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM - 695 001.
6 THE STATE POLICE CHIEF,
KERALA POLICE, THIRUVANANTHAPURAM - 695 014.
7 YOU TUBE VIDEO SHARING SITE,
GOOGLE INDIA HEAD OFFICE ADDRESS GOOGLE INDIA
PVT.LTD., BLOCK 1, DIVYA SREE OMEGA, SURVEY
NO.13, KONDAPUR VILLAGE, HYDERABAD - 500 001,
ANDHRA PRADESH, INDIA 91 40 66193000.
8 M/S.FACEBOOK INDIA LTD.,
UNITES NOS.1203 AND 1204, LEVAL 12, BUILDING
NO.20, RAHEJA MINDSPACE, MADHAPUR, HITECH
CITY, HYDERABAD, KURUNOOL, TELANGANA - 500
081.
9 CHANDRABABU C.P.,
CHITTEKKAD HOUSE, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM - 695 589.
10 SMT. THANIMAHIMA,
W/O.VINOD, CHITTEKKAD HOUSE, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM - 695 589.
11 BAIJU,
NEWS CAFE ONLINE NEWS, THIRUVANANTHAPURAM
RURAL, THIRUVANANTHAPURAM - 695 001.
R3 BY ADV. SRI. JAISHANKAR V. NAIR CGC
R1, R2 & R4 BY ADV. SRI. JAGADISH LAKSHMAN CGC
BY ADV. SRI. P. VIJAYAKUMAR CGC
BY GOVERNMENT PLEADER SMT. VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 28336 of 2019
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W.P.(C) No. 28336 of 2019
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JUDGMENT
The grievance of the petitioners in the writ petition concerns the spreading of malicious, indecent and scandalous news relating to their affairs through internet and other electronic media. The petitioners lodged a complaint in this regard before the fifth respondent. Ext.P6 is the complaint. It is stated that spreading of news of the aforesaid nature can be blocked only by the fourth respondent and in terms of the procedures prescribed, the fourth respondent can act on a complaint only if the same is forwarded to them by the fifth respondent. The limited prayer made by the learned counsel for the petitioners, in the circumstances, was for a direction to the fifth respondent to make appropriate reference of Ext.P6 complaint to the fourth respondent.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. Having regard to the facts and circumstances of the case, especially Ext.P5 notification issued by the Central W.P.(C) No. 28336 of 2019 ..4..
Government under the Information Technology Act, I deem it appropriate to dispose of this writ petition directing the fifth respondent to forward Ext.P6 complaint to the fourth respondent for appropriate action forthwith. Ordered accordingly. Needless to say that if the fourth respondent receives the complaint of the petitioners, steps shall be taken on the same, in accordance with law.
Sd/-
P.B.SURESH KUMAR JUDGE ds 28.10.2019 W.P.(C) No. 28336 of 2019 ..5..
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.88/78, ISSUED BY THE DISTRICT REGISTRAR (GENERAL)/SOCIETY REGISTRAR, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE BYE LAWS OF THE 1ST PETITIONER SOCIETY.
EXHIBIT P3 TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN YOU TUBE ON 17/07/2019.
EXHIBIT P3 A TRUE COPY OF SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 18/07/2019.
EXHIBIT P3 B TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 18/07/2019.
EXHIBIT P3 C TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 26/09/2019.
EXHIBIT P3 D TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 01/10/2019.
EXHIBIT P3 E TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 02/10/2019.
EXHIBIT P3 F TRUE COPY OF THE SCREEN SHOT OF THE POST PUBLISHED IN FACE BOOK ON 06/10/2019.
EXHIBIT P4 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 23/09/2019 IN CRIME NO.982/2019 REGISTERED BY THE POTHENCODE POLICE STATION IN THIRUVANANTHAPURAM DISTRICT.W.P.(C) No. 28336 of 2019
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EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 27/02/2003 ISSUED BY MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (DEPARTMENT OF INFORMATION TECHNOLOGY).
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED AND ACKNOWLEDGED ON 15/10/2019 ADDRESSED TO THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED AND ACKNOWLEDGED ON 15/10/2019 ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPTS DATED 16/10/2019 EVIDENCING THE SERVICE OF A COPY OF COMPLAINT ON 7TH AND 8TH RESPONDENTS.