The Allahabad High Court has observed that social media platforms cannot claim immunity from Indian laws and must remain accountable to investigating agencies acting within the framework of the law.
“The arms of Indian law are long enough to reach any transgression and strong enough to bring offenders to justice,” the court remarked while hearing a case in which police alleged non-cooperation from social media platform X.
The observation came after an investigating officer informed the court that X had not provided the URL ID and IP address linked to a handle on which the petitioner’s alleged obscene videos and photographs were posted. Due to the lack of cooperation, the officer stated that the investigation had come to a standstill and sought additional time to proceed.
Taking a stern view, a division bench comprising Justice Ajay Bhanot and Justice Divesh Chandra Samant termed the submission a “prima facie policing failure.” The bench directed the Ghaziabad Police Commissioner to appear in person on the next date of hearing, August 12, and explain the steps taken to ensure cooperation from officials of the platform and their accountability under Indian law.
The court noted that the refusal of senior officials of X to assist the investigation had effectively stalled the probe. “Non-cooperation of officials of the social media X with police investigations in such matters cannot be countenanced by this court,” it observed.
Further, the bench remarked that the affidavit filed by the investigating officer appeared to be an admission of failure on the part of law enforcement. It also observed that the alleged non-cooperation by platform officials could enable offenders to evade justice.
The case pertains to a complaint filed by Mithilesh Kumar at Indirapuram police station in Ghaziabad under provisions of the Information Technology Act, alleging that obscene content involving him had been uploaded on an X handle. Seeking a fair and expeditious probe, the petitioner later moved the high court.
In its July 2 order, the court also directed that a copy be sent to the Secretary (Home), Government of Uttar Pradesh, and the Director General of Police in Lucknow to ensure compliance.
Also read: Allahabad HC upholds census duties for LIC employees
Follow us
