'X' vs Union Of India & Ors on 31 July, 2020

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Delhi High Court - Orders

'X' vs Union Of India & Ors on 31 July, 2020

Bench: Anup Jairam Bhambhani

                                                    via Video-conferencing
$~19

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(CRL) 1082/2020 & CRL.M.A. No. 9485/2020

       'X'                                              .... Petitioner
                          Through:     Mr. Sarthak Maggon, Adv.
                          versus

       UNION OF INDIA & ORS.                              ...... Respondents
                          Through:     Mr. Ajay Digpaul, CGSC for R-1.
                                       Mr. Rahul Mehra, SSC (Criminal) for
                                       GNCTD with Mr. Chaitanya Gosain,
                                       Mr.Divyank, Advs. for R-2.
                                       Mr. Aditya Vaibhav Singh, Adv. for
                                       R-3.
                                       Mr. Anyesh Roy, DCP CyPAD,
                                       Special Cell.

       CORAM:
       HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                    ORDER

% 31.07.2020 In compliance of last order dated 30.07.2020, Mr. Anyesh Roy, DCP CyPAD, Special Cell has joined the video-conference hearing.

2. Mr. Rahul Mehra, learned Senior Standing Counsel (Criminal) for the NCT of Delhi, on instructions of Mr. Roy, submits that while it is true that investigation in the matter was transferred from PS : Dwarka W.P.(CRL) 1082/2020 Page 1 of 4 (North) to CyPAD, Special Cell some 6 days after the order of 17.07.2020, he states that action for removal of the offending content from the world-wide-web was initiated immediately; and on 17.07.2020 itself requisite notices under section 79(3)(b) of the Information Technology Act, 2000 were sent to all 21 Internet Service Providers (ISPs), being the intermediaries that act as entry points for India, to block the offending content and the same were duly complied with.

3. Mr. Mehra further states that upon follow-up, it was found on 20.07.2020 that the content had been re-directed to other websites and platforms; whereupon on 22.07.2020 the special URL for the content, as furnished by the petitioner's counsel, was also blocked.

4. Mr. Mehra states, on instructions, that as of date the offending content has been removed from the platform i.e. respondent No. 5 itself and not just through the ISPs. The CyPAD unit has also sought details of the 'uploader' from respondent No. 5, upon receiving which, further investigation will be conducted.

5. Mr. Roy informs the court that as per his information, the petitioner is not the only person affected by the actions of respondents Nos. 5 and 6; that there are others similarly situate in a certain college in Bangalore, whose personal content has also been illegally re-posted, investigation in also going-on in Bangalore; and that it is believed that some persons have already been arrested by the Bangalore police in that matter.

6. The court has interacted with Mr. Roy and it appears there is a serious technological impediment in completely effacing offending content W.P.(CRL) 1082/2020 Page 2 of 4 from the world-wide-web, inasmuch it is all too easy to change the 'hash value' that is the 'identifying elements' of any content, when it is forwarded or moved from one platform to another, which makes it impossible for an algorithm to identify and remove offending content from all places. It also appears that the identifying elements get altered even without being changed deliberately. However, Mr. Roy assures the court that efforts to remove the offending content relating to the petitioner, as and where it surfaces, will carry on.

7. Let respondent No. 2 file a status report in regard to the ongoing steps in the investigation.

8. Let notice of this petition to respondent No. 4/Facebook Inc. be served upon the Head (Public Policy) of respondent No. 4 who is stated to be the Nodal Officer for Law Enforcement in India, through the concerned officers of Delhi Police, for the next date.

9. Considering the nature of the matter and the fact that episodes such as this are affecting an increasing number of unsuspecting and innocent internet users, in sensitive and helpless positions; and in view of the issues that have come-up in the course of today's hearing, it is deemed appropriate that Dr. Pavan Duggal, learned counsel who specialises in cyber-law and cyber-crime be requested to assist this court as Amicus Curiae.

10. Let a copy of this order be communicated to Dr. Pavan Duggal, Advocate at N-8 First Floor, Greater Kailash-1, New Delhi- 110048, via e-mail as well as through WhatsApp on +91-9810271805 / +91-9871776180, for the next date. A copy of the papebook be also made available to Dr Duggal by the petitioner.

W.P.(CRL) 1082/2020 Page 3 of 4

11. Mr. Maggon requests, that in aid of the petitioner's confidentiality, the FIR registered in the case be taken down from the Delhi Police website, where FIRs are ordinarily posted as public documents. Mr. Roy states he will look into the matter and do the needful.

12. List on 07th August 2020.

ANUP JAIRAM BHAMBHANI, J.

2. JULY 31, 2020/uj W.P.(CRL) 1082/2020 Page 4 of 4

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Delhi High Court - Orders