Madras High Court
J.Mohanraj vs The Secretary To Government (Home) on 17 December, 2008
Bench: S.J.Mukhopadhaya, V.Dhanapalan
In the High Court of Judicature at Madras Dated: 17.12.2008 Coram:
The Honourable Mr.S.J.Mukhopadhaya, The Acting Chief Justice and The Honourable Mr.Justice V.Dhanapalan Writ Petition No.29713 of 2008 J.Mohanraj .. Petitioner vs.
1. The Secretary to Government (Home), North Block, New Delhi.
2. The Secretary to Government (Defence), 101, South Block, New Delhi.
3. The Secretary to Government, Ministry of Science & Technology, South Block, New Delhi.
4. The Director, Indian Space Research Organisation, Antariksh Bhavan, New BEL Road, Bangalore.
5. Google India Pvt. Ltd., No.3, RMZ Infinity-Tower E, Old Madras Road, Bangalore-16. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, as stated therein.
For petitioner : Mr.V.Manikandan For respondents : Mr.K.Elango, Asst. Solicitor General of India for RR-1 to 4 Order (The Order of the Court was made by The Honourable The Acting Chief Justice) This Writ Petition has been preferred by the petitioner in public interest, for a direction on the respondents 1 to 3 to cause a total or partial ban on "Google Earth" and "Bhuvan" commensurate with the security requirements of the country.
2. According to the petitioner, in connection with the security apparatus of the Union of India vis-a-vis the threat posed by terrorists, the petitioner is constrained to file the present Writ Petition. It is alleged that the fifth respondent is the World's largest Internet Company and in the year 2005, it has also developed "Google Earth" and Interactive Mapping Program powered by the Satellite and Aerial Imagery that covers the vast majority of the Planet. It displays Satellite images of varying resolutions of the Earth's surface, allowing users to see Cities, Streets and even houses from a Bird's eye view and gave minute details and provided the viewers with the photographs and extremely accurate navigational coordinates. Such snooping extends to sensitive establishments, such as various nuclear establishments across the Country. Space facilities, Defence and Training Institutions and even the abode of the Supreme Commander of the Armed Forces, have not been spared, thereby posing security threat to the Defence infrastructure of the Country.
Giving reference to one of the Lectures delivered by the Former President of India Shri.Abdul Kalam, it is stated that the Former President of India observed that the geographic details provided by Google Earth's Satellite imaging program poses a security risk. Developing Countries which are already in danger of Terrorists' attack, have been singularly chosen.
It is also alleged that the Indian Space Research Organisation (i.e. ISRO) has also similar Satellite known as "Bhuvan", taking their Satellite and aerial imagery and Interactive Mapping Program of this Country.
3. Learned counsel appearing for the petitioner while submitting that it is a threat to the country, also submitted that such Mapping will be violative of Article 21 of the Constitution of India, so far as the individual's rights are concerned. He relied on a National Mapping Policy, 2005, stated to have been issued by the Geographical Survey of India, wherein, Preamble portion reads as follows:
"1. PREAMBLE All socio-economic developmental activities, conservation of natural resources, planning for disaster mitigation and infrastructure development require high quality spatial data. The advancements in digital technologies have now made it possible to use diverse spatial databases in an integrated manner. The responsibility for producing, maintaining and disseminating the topographic map database of the whole country, which is the foundation of all spatial data vests with the Survey of India (SOI). Recently, SOI has been mandated to take a leadership role in liberalizing access of spatial data to user groups without jeopardizing national security. To perform this role, the policy on dissemination of maps and spatial data needs to be clearly stated."
The Objective of the National Map Policy, 2005, as issued by the Geographical Survey of India, seems to provide, maintain and allow access and make available the National Topographic Database (NTDB) of the Survey of India conforming to national standards and to promote the use of geo-spatial knowledge and intelligence through partnerships and other mechanisms by all sections of the Society and work towards a knowledge-based society.
Further, according to the learned counsel appearing for the petitioner, the aforesaid job is with the Geographical Survey of India and the private parties like the fifth respondent, should not conduct such Mapping through Satellites. 4. Though such submissions have been made by learned counsel appearing for the petitioner, the counsel is not in a position to lay on hand on any of the Guidelines/Rules/Law laid down by the Central/State Governments, prohibiting the private organisations or any other individuals to Interactive Mapping Program, covering vast majority of the Planet.
5. Further, in the absence of any Expert Opinion and deliberation on such issues by a competent authority, we feel that this Court, under Article 226 of the Constitution of India, in a public interest litigation, cannot lay down any Guidelines/Rules/Law to bind one or other Mapping Program, including the Program for Interactive Mapping through Satellite and Aerial Imageries, covering vast majority of the Planet. It is a matter of discussion and to be determined after deliberation whether it is beneficial in the interest of public or harmful to public. In the absence of such Expert Opinion, we are not in a position to deliberate on the issues, nor in a position to issue any direction on the respondents 1 to 3.
6. There being a separate Forum under the Telecom Regulatory Authority of India Act, 1997 and as the Parliamentarians and Legislators are discussing with regard to the National Security, it will be desirable for the petitioner to move either before such Forum or before the Parliamentarians and Legislators, who can make appropriate Laws.
7. The Writ Petition stands disposed of with the aforesaid observations. No costs.
cs To
1. The Secretary to Government (Home), North Block, New Delhi.
2. The Secretary to Government (Defence), 101, South Block, New Delhi.
3. The Secretary to Government, Ministry of Science & Technology, South Block, New Delhi.
4. The Director, Indian Space Research Organisation, Antariksh Bhavan, New BEL Road, Bangalore