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Supreme Court - Daily Orders

In Re: Prajwala Letter Dated 18.2.2015 ... vs .......... on 11 December, 2017

Bench: Madan B. Lokur, Uday Umesh Lalit

     ITEM NO.301                          COURT NO.4                 SECTION PIL-W

                            S U P R E M E C O U R T O F         I N D I A
                                    RECORD OF PROCEEDINGS

                                       SMW (Crl.)No(s).3/2015

                            IN RE: PRAJWALA LETTER DATED 18.2.2015
                         VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS
                               (With appln.(s) for impleadment)
     Date : 11-12-2017           This matter was called on for hearing today.

     CORAM :                     HON'BLE MR. JUSTICE MADAN B. LOKUR
                                 HON'BLE MR. JUSTICE UDAY UMESH LALIT

                                 Ms. N.S. Nappinai, Adv. (A.C.)

     For Petitioner(s)           Ms.   Aparna Bhat, AOR
                                 Mr.   Pukhrambam Ramesh Kumar, Adv.
                                 Mr.   Mayank Sapra, Adv.
                                 Ms.   Joshita Pai, Adv.

     For Respondent(s)
     For CBI/MHA                 Mr.   R. Balasubramanian, Adv.
                                 Ms.   Gunwant Dara, Adv.
                                 Ms.   Rashmi Malhotra, Adv.
                                 Mr.   B.V. Balram Das, Adv.

     Yahoo                       Mr. Samir Ali Khan, AOR
                                 Mr. Sanjay Kumar, Adv.
                                 Mr. Soham Kumar, Adv.

     Facebook Ireland            Mr.   Sidharth Luthra, Sr. Adv.
                                 Ms.   Saanjh Purohit, Adv.
                                 Ms.   Richa Srivastava, Adv.
                                 Mr.   Tejas Chhabra, Adv.
                                 Mr.   Nitin Saluja, Adv.
                                 Mr.   S. S. Shroff, AOR

     Facebook India              Ms. Richa Srivastava, Adv.
                                 Mr. S. S. Shroff, AOR

     Google                      Mr.   Sajan Poovayya, Sr. Adv.
                                 Ms.   Ruby Singh Ahuja, Adv.
                                 Mr.   Vishal Gehrana, Adv.
                                 Ms.   Tahira Karanjawala, Adv.
Signature Not Verified
                                 Mr.   Arvind Chari, Adv.
Digitally signed by
                                 Mr.   Priyadarshi Banerjee, Adv.
MEENAKSHI KOHLI
Date: 2017.12.12
17:02:41 IST
                                 Mr.   Saransh Kumar, Adv.
Reason:
                                 Mr.   Sharvan Sahny, Adv.
                                 Mr.   Anupam Prakash, Adv.


                                                 1
                       Mrs. Manik Karanjawala, Adv.
                       Mr. Pratibhan Kharola, Adv.
                       Mr. Avishkar Singhvi, Adv.
                       for M/s. Karanjawala & Co.

Microsoft              Mr.   V. Giri, Sr. Adv.
                       Mr.   Amar Gupta, Adv.
                       Mr.   Akhil Bhardwaj, Adv.
                       Mr.   Divyam Agarwal, AOR

WhatsApp               Mr.   Kapil Sibal, Sr. Adv.
                       Mr.   Tejas Karia, Adv.
                       Mr.   Shashank Mishra, Adv.
                       Mr.   Koshy John, Adv.
                       Mr.   Vivek Reddy, Adv.
                       Mr.   Raghav Tankha, Adv.
                       Mr.   S.S. Shroff, Adv.

       UPON hearing the counsel the Court made the following

                                   O R D E R

Learned counsel for the Union of India has handed over a status report. Unfortunately, on going through the status report, it is found to be more in the nature of comments rather than a status report. We expect the Union of India to file a proper detailed status report rather than comments on the orders passed by this Court.

The Learned Amicus and learned counsel for the petitioner have concluded their submissions with regard to Proposal 12(b) and Proposal 13.

The matter may now be listed on 08.01.2018 at 2.00 pm for submissions on behalf of learned counsel for the intermediaries with regard to Proposal 12(b) and Proposal 13. It is stated by Col. R. Bala, learned counsel appearing on behalf of the Union of India that a portal has been prepared for making complaints by citizens with regard to issues pertaining to child sexual abuse, child pornography and rape / gang rape videos. 2 Learned counsel for the Union of India says that the portal will be ready within a month. He further says that standard operating procedures are being prepared for use of the portal.

Learned counsel for the petitioner says that the portal should be given adequate publicity so that people can make complaints. She says that there should also be a provision for making a complaint anonymously.

Col. R. Bala, learned counsel says that he will advise the Union of India accordingly.

The matter has been pending for quite some time and we find from the affidavit filed by the CBI on 08.10.2015 that steps are being taken to enable complaints being filed through a portal. It is high time that the Union of India gets the portal ready and available to the public at large.

Therefore, we direct that the Union of India to have the portal ready on or before 10.01.2018. We would like the report to be given on the next date of hearing i.e. 08.01.2018 with regard to the progress made.

It is also made clear that on the next date of hearing also the proceedings will be held in-camera.

(MEENAKSHI KOHLI)                                              (KAILASH CHANDER)
  COURT MASTER                                                   COURT MASTER




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