Andhra Pradesh High Court - Amravati
The High Court Of Andhra Pradesh At ... vs State Of Andhra Pradesh, on 16 June, 2020
Bench: J K Maheshwari, B Krishna Mohan
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19. The Union of India, Rep. by its Secretary, Ministry of Law and Justice, 4 Floor, A-Wing, Shastri Bhawan, New Delhi, Dethi 110001.
20. Mr. Robin Fernandes, Yahoo India, Email id [email protected]
71.Ms. Gitanjli Duggal,, Legal Director, Google, Email id- [email protected]
22. Mr. Ashwani Rana and Mr. Sathya, Facebook, Email id- [email protected] Email [email protected]
73.Ms. Mahima Kaul, Twitter, Email id- [email protected]
74.Mr. Rahul Jain, Youtube Inc, Email id- [email protected]
25.Mr. Vikram Langeh, Instagram, Email id- [email protected].
26.Mr. Sivnathukral, WhatsApp, Email id- [email protected] (RR 20 to 26 Suo motu impleaded as respondents vide Court order Dt.29.05.2020 in W.P.NO. 9166 of 2020) ... Respondents.
WHEREAS the Petitioner above named through its Advocate SRI N. ASHWANI KUMAR, presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly in the nature of nature of Writ of Mandamus, A. to declare the action of the Respondent Nos.2 to 6 in failing to act progressively and to take necessary action and to invoke the appropriate provisions of law, as mandated, pursuant to the registration of FIR.No.16/2020, dated 16.04.2020, and FIR.No.17/2020 dated 18.04.2020 on the file of Respondent No.6 against the said offenders, as being illegal, arbitrary and unconstitutional, and in violation of provisions of Criminal Procedure Code and Information Technology Act, 2000, and B. to declare the action of the Respondent Nos.7-9 and 19, more particularly, Respondent Nos.9 and 19, in failing to act against the Respondent Nos.10 to 18, where under the social networking platforms are being utitized and abused for creating and hatred against the Petitioner herein in the mind and eye of the Public, as being illegal, arbitrary, unconstitutional and in violation of provisions of IPC, Cr.P.C. and \,T.Act, 2000, thereby securing protection to the Judiciary, and C. to declare the action of the Respondent Nos.7 to 9 and 19 in failing to frame guidelines for the 'ntermediaries in compliance of Section 79(2}(c} read with Section 87(2)(zg) of the Information Technology Act which authorizes the Respondent Nos.7 to 9 and 19 to prescribe guidelines to intermediaries, thereby securing certain protection to the Judiciary, and D. Consequently, in the alternative, transfer the investigation in FIR.No.16/2020 dated 16.04.2020 and FIR.No.17/2020 dated 18.04.2020 to any other competent investigating Agency under the supervision and control of Respondent No.7, or direct the Respondent Nos. 2 to 5 to act progressively and take necessary steps pursuant to the registration of said FIRs and E, Consequently, to direct Respondent Nos, 7 to 9 to frame guidelines for the intermediaries in compliance of Section 79(2)(c) read with Section 87(2}(zg) of the Information Technology Act which authorizes the Respondent Nos.7 to 9 to prescribe guidelines to intermediaries, \ F. Consequently, to direct the Respondent Nos. 10 to 18 to devise self-
regulatory framework to prohibit the posting of defamatory, incriminatory and abusive contents on their respective olatforms with respect of Judiciary in India, and Contd. .3...
- 3 G. Consequently to direct the Respondent Nos.10 to 18 to forthwith remove all such posts/ comments/tweets/ videos and those contents which are defamatory, incriminatory and abusive in nature pertaining to this Hon'ble Court as reported in the said FIR No.16/2020 dated 16.04.2020 and FIR No.17/2020 dated 18.04.2020 on the file of Respondent NO.6, in consultation with the Petitioner herein and further desist and cease any such pots/comments/ tweets/video and those contents which are defamatory, incriminatory and abusive in nature pertaining to this Hon'ble Court.
AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri N ASHWAN! KUMAR Advocate for the Petitioner, directed issue of Fresh notice to the Respondent Nos. 10 and 25 herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1.The Grievance Officer, Twitter Inc. (Company incorporated in USA), C/o.Jeremy Kessel 1355 Market Street Suite 900, San Francisco, California, New Mexico, USA,
2. Mr. Vikram Langeh, Instagram, Email id- [email protected].
are directed to show cause either appear in person or through an advocate as to why in the circumstances set out in the petition/appeal and the affidavit/memorandum of grounds filed therewith (copy enclosed) this WRIT PETITION should not be admitted. The Court made the following ORDER :-
"Ar. N.Ashwani Kumar, Advocate appearing for the Petitioner. Learned Advocate General appearing for Respondents 1 to 3 and 6. Mr. S. Niranjan Reddy, learned Senior Counsel assisted by Sri M. Baia Satyanarayana Reddy, Advocate appearing for Respondents 4 and 5. Learned Assistant Solicitor General appearing for Respondents 7, 8, 9 and
19. Mr. Harish Salve, learned Senior Counsel appearing for Respondents 12, 13 and 22.
Mr.Mukul Rohatgi, learned Senior Counsel appearing for Respondent No. 14. Mr.Kapil Sibal, learned Senior Counsel assisted by Sri Vimal Varma Vasireddy appearing for Respondents 15 and 26.
Mr, Sajan Poovayya, learned Senior Counsel assisted by M/s.Shireen Seethnia Baria, Advocate appearing for Respondents 16 and 17. Mr. L.Ravi Chander, learned Senior Counsel assisted by Sri P.Sasidhar Reddy, Advocate appearing for Respondents 18, 21 and 24, Mr. Abhishek Singh, learned Senior Counsel assisted by Sri Sai Sanjay Suraneni, Advocate appearing for Respondent 20. :
Contd...4...
Mr.Kulkarni, learned Senior Counsel assisted by 5ri A.P.Suresh Ram, Advocate appearing for Respondents 11 and 23.
Issue fresh notice to Respondents 10 and 25.
List after 3 (three) weeks. re _-. §di-. WE RAMESH BABU ASSISTANT REGISTRAR //TRUE COPY// a be, for ASSISTANT REGISTRAR To
4.The Grievance Officer, Twitter Inc. (Company incorporated in USA), C/o.Jeremy Kessel 1355 Market Street Suite 900, San Francisco, California, New Mexico, USA.
(By Air Mail with a copy of Petitions & Affidavit)
7. Mr. Vikram Langeh, Instagram, Email id- [email protected] (By E-Mail with a copy of Petitions & Affidavit)
3.Two CCs to the Advocate General, High Court of A.P., at Amaravati(OUT)
4.Two CCs to the Assistant Solicitor General, High Court of A.P., at Amaravati(QUT)
5.One CC to Sri N. Ashwani Kumar, Advocate(OPUC)
6.One CC to Sri M. Bala Satyanarayana Reddy, Advocate(OPUC)
7.One CC to Sri Harish Salve, Senior Counsel(OPUC)
8.One CC to Sri Mukul Rohatgi, Senior Counsel{OPUC)
9.One CC to Sri Vimal Varma Vasireddy, Advocate(QPUC)
40.One CC to M/s. Shireen Seethnia Baria, Advocate(OPUC)
11.One CC to Sri P Sasidhar Reddy, Advocate(OPUC)
12.One CC to Sri Sai Sanjay Suraneni, Advocate(OPUC)
43.One CC to Sri A.P. Suresh Ram, Advocate(OPUC)
14.Two spare copies.
TKK HIGH COURT HC. & CPR FRESH MOTICE BEFORE ADMISSION TOR. TO AND 23.