J. Bagchi vs State Of West Bengal And Another on 19 July, 2017

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Calcutta High Court (Appellete Side)

J. Bagchi vs State Of West Bengal And Another on 19 July, 2017

Bench: J. Bagchi

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                                         C.R.R. 2332 OF 2017
19.7.2017
Sl. No.263
Ct. No. 28
rkd & PA to     FACEBOOK, INC
J. Bagchi, J.

. . . PETITIONER VERSUS STATE OF WEST BENGAL AND ANOTHER . . . OPPOSITE PARTIES Mr. Sidhartha Luthra Mr. S. Mitter Mr. T. Karia Mr. S. Datta Mr. N. Saluja Ms. R. Shrivastav Ms. S. Dwivedi Ms. S. Binani . . . For The Petitioner Mr. Luthra, senior counsel submits that the impugned order under section 69A of the Information Technology Act were passed without jurisdiction and the requisition made by the Chief Metropolitan Magistrate, Kolkata in that regard was also without authority of law. He submits that there is reasonable apprehension that the petitioner may be subjected unjustified prosecution for non- compliance of such illegal direction.

Ms. Anasua Sinha, learned counsel with learned Public Prosecutor are requested to appear on behalf of the State. Copy of the petition be served upon opposite party no.2 through registered speed post with acknowledgement due as well as upon the Additional Solicitor General attached to this Court and affidavit of service be filed on the next date of hearing.

Having heard the learned senior counsel for the petitioner, I am of the prima facie view that the issuance of impugned order under Rule 10 of the Information Technology (Procedure & Safeguards For Blocking For Access of Information by Public) Rules, 2009 suffers from lack of jurisdiction as no investigation/inquiry was pending before the competent Court justifying invocation of the impugned powers and the Designated authority mechanically issued the impugned order on such report.

Let this matter appear under the same heading on 28th July, 2017.

There shall be order of stay of impugned order dated 18.6.2017 passed by the learned Chief Metropolitan Magistrate, Calcutta in connection with Cyber P.S. G.D.E. No.582 dated 17.6.2017 and the consequential order dated 23.6.2017 for a period of two weeks or until further orders whichever is earlier. Certified copy of this order, if applied for, be given to the parties on priority basis.

(JOYMALYA BAGCHI, J.)

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Calcutta High Court (Appellete Side)