The Delhi High Court on Tuesday snubbed Google India and Facebook India for their request to treat the case against them for hosting “objectionable contents” only as a “private complaint”, not requiring the government to intervene. The court observed that the case could not be considered only as a private dispute between the complainant and the websites, which have moved the HC against the summoning order by a Delhi magisterial court.
“This cannot be treated as a private complaint. It is not a complaint where only the complainant is the victim and nobody else is affected. It is a complaint wherein the complainant has alleged that the websites published objectionable materials against some great national personalities and religious figures,” said Justice Suresh Kait.
The court was not of the opinion that the case could be treated as a private complaint and hence, the assistance of the Delhi Police and the Centre was sought.
“The trial court had also called for a report from the central government, pursuant to which the government submitted a report before the learned magistrate. In these circumstances, this court had decided to ask them to assist the court,” said Justice Kait.
The government last month gave its approval to prosecute the websites under the penal provisions of the IPC.
The HC passed these observations after the lawyers for the websites, senior advocates N K Kaul and Siddharth Luthra, raised objections over the central government intervening in the case and arguing against them. “We have strong objections to the State becoming party to the matter. Why should the central government become a party to a private complaint?,” said one of the counsels.
The counsel for the Delhi Police, also opposed the websites’ objections.
The court deferred the matter for Thursday.