Bombay High Court
Xxx vs Union Of India on 21 December, 2022
Author: M.M. Sathaye
Bench: R. D. Dhanuka, M.M. Sathaye
KVM
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907 - WPL 39485 OF 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
KANCHAN KANCHAN VINOD
VINOD MAYEKAR
Date: 2022.12.21 17:46:05
MAYEKAR +0530
WRIT PETITION (L) NO. 39485 OF 2022
XXX ..... Petitioner
VERSUS
Union of India & Ors. ..... Respondents
Dr.Prashant Mali, a/w. Mr.Rahul Singh, Ms.Tejal Patel and Ms.Pranali
Raut for the Petitioner.
Ms.Uma Kshirsagar Wagle for the UOI - Respondent nos. 1 and 3.
Ms.P.H.Kantharia, Government Pleader for the State - Respondent
no.2.
CORAM: R. D. DHANUKA AND
M.M. SATHAYE, JJ.
DATE : 21ST DECEMBER, 2022 P.C:-
Learned counsel for the petitioner states that all the respondents including respondent nos. 4 and 5 were served on e-mail on 19 th December, 2022. None appeared for the respondent nos. 4 and 5 when the matter was called out.
2. The petitioner at this stage prays for an interim relief in terms of prayer clause (c). It is the case of the petitioner that certain nude and explicit obscene videos of the petitioner were uploaded on about 19 porn websites. No sooner the petitioner came to know, the petitioner filed a police complaint at Bandra Kurla Complex Police Station, KVM 2/3 907 - WPL 39485 OF 2022.doc Mumbai on 15th September, 2022. In view of the notices issued by the learned advocate for the petitioner, out of 19 links, 13 links containing such videos have been removed. The petitioner seeks interim order against respondent nos. 4 and 5 who according to the petitioner are still operating other six links, the details whereof are provided at Ex.D of the writ petition.
3. The statements made in the petition are accepted. The respondent nos. 4 and 5 cannot be allowed to continue the said website links till further orders.
4. In our prima facie view, the respondent nos. 4 and 5 have committed violation of various provisions of the Information and Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 made under the provisions of the Information Technology Act, 2000.
5. Issue notice to respondent nos. 4 and 5 returnable on 16th January, 2023. Learned counsel waives service for the respondent nos.1 and 3. Ms.Kantharia, learned Government Pleader waives KVM 3/3 907 - WPL 39485 OF 2022.doc service for the respondent no.2. Humdast is permitted. In addition to the Court notice, the petitioner is also permitted to serve the respondent nos. 4 and 5 by private notice, by all permissible modes of services available in law.
6. The respondent nos. 1 to 3 are directed to block the links of the respondent nos. 4 and 5 described at Ex.D to the petition forthwith and file an affidavit for reporting compliance on 23rd December, 2022. Place the matter on board for reporting compliance on 23rd December, 2022.
7. At the same time we also grant an ad-interim relief in terms of prayer clause (c) till further orders. The parties to act on the authenticated copy of this order.
8. The Office is permitted to serve the respondent nos. 4 and 5 by e-mail on the e-mail address provided by the petitioner in the writ petition.
[M. M. SATHAYE, J.] [R. D. DHANUKA, J.]