Kerala High Court
The South Indian Bank Ltd vs Union Of India on 25 February, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941
WP(C).No.3179 OF 2020(V)
PETITIONER:
THE SOUTH INDIAN BANK LTD
SIB HOUSE, TB ROAD, MISSION QUARTERS, THRISSUR-680001
REPRESENTED BY ITS CHIEF GENERAL MANAGER AND CHIEF
INFORMATION OFFICER
BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
SMT.ANUPAMA JOHNY
SMT.P.MAYA
SMT.K.S.SUDHA
SRI.SREE GOVIND
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
COMMUNICATIONS AND INFORMATION TECHNOLOGY, DEPARTMENT
OF INFORMATION TECHNOLOGY, SANCHAR BHAWAN, 20, ASHOKA
ROAD, NEW DELHI-110001
2 COMPUTER EMERGENCY RESPONSE TEAM- INDIA(CERT-IND)
MINISTRY OF COMMUNICATIONS AND INFORMATION
TECHNOLOGY, GOVERNMENT OF INDIA, NEW DELHI-110002
3 THE SECRETARY OF GOVERNMENT
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001
4 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
5 THE STATE POLICE CHIEF
KERALA POLICE, POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM-695014
6 'YOU TUBE' VIDE SHARING SITE,
GOOGLE INDIA HEAD OFFICE ADDRESS. GOODL INDIA PVT.
LTD., BLOCK 1, DIVYA SREE OMEGA, SURVEY NO.13,
KONDAPUR VILLAGE, HYDERABAD, ANDHRA PRADESH, INDIA
91-40- 66193000
WP(C).No.3179 OF 2020(V)
2
7 M/S.FACE BOOK INDIA LTD
UNITS NOS.1203 AND 1204, LEVEL 12, BUILDING NO.20,
RAHEJA MINDSPACE, MADHAPUR, HITECH CITY,
HYDERABAD, KURNOOL, TELANGANA-500081
8 BENNY JOSEPH
AGED 64 YEARS
S/O.JOSEPH, THETTAYIL HOUSE,(RAILBOW), CENTENARY
ROAD, KALOOR.P.O., KOCHI-682017
9 MARUNADAN MALAYALI
HAVING ITS OFFICE AT TC 17/3164(11) PATTOM
PALACE.P.O, PATTOM, THIRUVANANTHAPURAM-695004
REPRESENTED BY ITS EXECUTIVE EDITOR M.RIJU
10 M.RIJU,
MUNDAKKAPPARAMBATHU HOUSE, NIT POST, KOZHIKODE-
673602, EXECUTIVE EDITOR OF MARUNADAN MALAYALI, TC
17/3164(11) PATTOM PALACE.P.O, PATTOM,
THIRUVANANTHAPURAM-695004
11 THE KERALA ONLINE
HAVING ITS OFFICE AT CIVIL LANE, KAKKANADU, KOZHI-
682017 REPRESENTED BY ITS EDITOR PRADEEP
SHIVASHANKAR
12 PRADEEP SHIVASHANKAR
EDITOR, THE KERALA ONLINE, CIVIL LANE, KAKKANADU,
KOCHI-682017
R1-2 BY ADV. SRI.P.VIJAYAKUMAR
SMT. VINITHA B GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.3179 OF 2020(V)
3
JUDGMENT
This writ petition is filed seeking the following prayers:-
"(i) Issue a writ of mandamus or any other appropriate writ, order or direction against the respondents No.1 to 3 to initiate necessary and prompt actions to block malicious scandalous and defamatory publications/messages/videos sponsored or transmitting at the instance of respondent No.8 to 12 from public access forthwith.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction against the respondent No.3 to transmit Ext.P5 representation forthwith to the 2nd respondent in compliance with the direction issued vide Ext.P4 notification.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to issue necessary instruction for blocking of website to the Department of Telecommunication and to ensure the blocking of website as sought vide Ext.P5 representation on receiving the same from the 3rd respondent without any further delay.
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction to the 4 th respondent to take up, consider and initiate necessary adjudicating proceedings against the respondents No.8 to 12 and directing them to pay the penalty/compensation so determined to the petitioner."
2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned ASG WP(C).No.3179 OF 2020(V) 4 appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the petitioner has submitted Ext.P5 representation before the 3rd respondent with copy to the 4 th respondent seeking directions to the internet service providers for taking immediate action for blocking from public access of malicious indecent scandalous and baseless news, messages and videos against the petitioner or its officials through social media platforms.
4. The learned Government Pleader, on instructions, submits that the 4th respondent is the adjudicating officer appointed by the 1st respondent by circulars issued in the year 2012 and that the request made by the petitioner can be properly adjudicated by the 4 th respondent in accordance with the circulars and the provisions of the Information Technology Act.
In the above view of the matter, there will be a direction to the 4th respondent to take up Ext.P5 representation submitted by the petitioner and to consider the same and pass orders WP(C).No.3179 OF 2020(V) 5 thereon, in accordance with law, after hearing the petitioner also, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this writ petition along with a copy of the judgment before the 4th respondent for compliance. Appropriate followup action shall be taken by the respondents in accordance with the orders to be passed by the 4th respondent on Ext.P5. The interim relief sought for by the petitioner for immediate blocking shall also be considered by the appropriate authority in accordance with law.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bng/27.02.2020 WP(C).No.3179 OF 2020(V) 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 11.01.2018 IN WP(C)NO.1069/2018 EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.792/2019 DATED 21.06.2019 REGISTERED BY THRISSUR EAST POLICE STATION EXHIBIT P3 TRUE COPY OF THE COMPLAINT BEARING C.M.P.NO.3147/2019 ON THE FILE OF THE COURT OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.181 DATED 27.02.2003 OF MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY(DEPARTMENT OF INFORMATION TECHNOLOGY) EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 23.01.2020 ADDRESSED TO THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE SUBMISSION OF EXT.P5 COMPLAINT