Delhi High Court - Orders
Sanjay Kumar vs State Of Nct Of Delhi & Ors on 21 February, 2019
Author: Najmi Waziri
Bench: Najmi Waziri
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2862/2018, Crl. M.A 32637/2018 and 49963/2018
SANJAY KUMAR ..... Petitioner
Through:
Ms. Rebecca John, Sr. Adv., Amicus
Curiae with Mr. Kushdeep Gaur and Mr.
Chinmay Kanojia, Advs.
Mr. Shahrukh Alam, Mr. Warisha Farasat,
Ms. Rudrakshi Deo and Ms. Hafsa Khan
and Mr. Shantanu, Advs. for petitioner.
Versus
STATE OF NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Rahul Mehra, Standing Counsel
(Crl.), Govt. of NCT of Delhi with Mr. Sanjay
Lao, ASC; ACP Raman Lamba, Cyber Crime Cell.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 21.02.2019 Mr.Rahul Mehra, the learned Standing Counsel for the State submits that six of the seven web-links provided by the petitioner, have been taken off from the Facebook portal. However, videos showing assault on the petitioner and the other offensive materials are still available on the internet.
Let the same be looked into by the Delhi Police and be removed forthwith i.e. any material related to the assault on the petitioner shall not be accessible from India.
In reference to the previous order, Mr. Mehra has handed over a copy of the Standing Order No. 442/2016 which stipulates the standard operating procedure to deal with cases relating to cyber crime. Clause 4.1 of the said Standing Order reads as under:
"4.1 Procedure to be followed in complaints related to social networking sites such as Facebook, Instagram, Twitter, Tinder, etc. a. These complaints primarily relate to the creation of fake profile on social networking sites in the name of the victim, posting of vulgar material using the fake profile; usage of personal photos, name, personal mobile number of the victim on online forums associated with lascivious and morally corrupting content, etc. b. On receipt of a complaint related to hosting of a fake profile on any social networking site, the following procedure has to be followed:
i. A full printout of the fake profile's screenshot has to be taken from the site after due identification from the complainant. ii. URL of the concerned profile has to be taken and the same should be got confirmed from the complainant.
iii. A copy of the screenshots of the offending profile has to be saved electronically on a non- alterable media such as a CD-R. iv. A case under appropriate section of law shall be immediately registered.
v. The IO of the case shall provide a copy of the profile's screenshots, URL, etc., alongwith details of the FIR to the PS Cyber Team, for collecting:
Registrant and Login details (IP logs, email id, contact number) of the offending profile from the concerned social networking site.
User details of the relevant IP logs (after factoring in time Zone differences), including their physical address from the concerned Internet Service Provider (ISP).
Registrant and login details, if possible of the email id used to create the profile.
User details of the IPs associated with the various logins of the concerned email address (email ID) from the related Internet Service Provider (ISP).
User details of the mobile number used for one-time verification of the account holder at the time of creation of the profile and the email account. c. A comprehensive report in the matter shall be provided by the PS Cyber Team to the concerned IO/EO for necessary action at their end. d. After the receipt of the above information, the established procedure of search and seizure may be adopted as per law.
e. The EO of the PS Cyber Team can be cited as a witness, if he himself is not the IO of the case."
Let Delhi Police file an affidavit showing adherence of the aforesaid procedure in the present case and in 20 other cases since 2016. The affidavit shall be filed by the Additional C.P. with the approval of the Joint C.P. Cyber Cell.
Renotify on 28.02.2019.
A copy of the order be given dasti to the parties, under the signature of the Court Master.
NAJMI WAZIRI, J.
FEBRUARY 21, 2019 acm