Social media platforms accountable under Indian laws, investigation agencies: Allahabad High Court
The arms of Indian law are long enough to reach any transgression and strong enough to bring the offenders to justice, it said.
The court made the observations when an investigation officer informed it that the social media platform X was not providing the URL ID and IP address of the handle on which the petitioner’s alleged obscene videos and photographs were posted. Under the circumstances, he was unable to proceed further in the matter, the investigation officer said, and sought time to conclude the investigation in the case.
Terming the investigation officer’s submissions as a “prima facie policing failure”, a Division Bench comprising Justice Ajay Bhanot and Justice Divesh Chandra Samant directed the Ghaziabad Police Commissioner to appear in person before it on the next date of hearing on August 12 and explain the steps taken to ensure that officials of the social media platform concerned lend their cooperation to the police investigation and are held accountable under the law.
The court observed, “On account of the refusal of concerned senior officials of the social media platform X to cooperate, the police investigation has come to a standstill. Non-cooperation of officials of the social media platform X with police investigations in such matters cannot be countenanced by this court.”
It further said, “Prima facie, the affidavit appears to be an admission of policing failure. Prima facie, responsible officials of X have stonewalled police investigations … Their conduct will enable the offenders to cheat justice.”
The petitioner, Mithilesh Kumar, had lodged an FIR at Ghaziabad’s Indirapuram Police Station under the provisions of the Information Technology Act, alleging that his obscene videos were posted on an X handle.
He later approached the High Court seeking an impartial and expeditious investigation into the matter.
In its order dated July 2, the court also directed that a copy of the order be sent to the Secretary (Home), Government of Uttar Pradesh, as well as the Director General of Police, Lucknow, for compliance.
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