Neutral Citation Number: 2023:DHC:2806
detection, investigation & prosecution, which are done
as per the provisions of law.‖
6.
Thereafter, an Additional Affidavit dated 21.09.2021 was filed on
behalf of the Petitioner noting that the offending material was consistently
being reproduced and re-uploaded. On 06.10.2021, this Court was informed
by learned Counsel appearing for Google LLC that though all the offending
material had been removed from YouTube and the URLs which had been
specifically supplied were de-indexed by Google, it did not mean that it
could not be found on the internet through other search engines and that
merely directing only the search engines to de-index the links would not be
an adequate solution.
7.
Due to the complexity in the nature of the matter and the fact that
consistent Orders of this Court were being frustrated, vide Order dated
06.10.2021, this Court deemed it appropriate to appoint Mr. Saurabh Kirpal,
learned Senior Counsel, as Amicus Curiae, to assist this Court on the
position of law and the extent to which this Court can issue directions to
intermediaries in such matters so as to protect the rights of the Petitioner and
other similarly situated individuals vis-à-vis the duties of the intermediaries
as well as the right to free speech. Accordingly, the scope of the instant Writ
Petition under Article 226 has been expanded, and any directions that will be
rendered will be limited to search engines, MEITY and Delhi Police.
8.
A Short Affidavit dated 22.12.2021 was filed on behalf of Respondent
No.1 in the instant matter, stating that the Ministry of Electronics and
Information Technology (MEITY) is the custodian of the Information
Technology Act, 2000 (hereinafter referred to as “IT Act”). The Short
Affidavit delineates the objective and relevant provisions of the said Act as
well as the Information Technology (Intermediary Guidelines and Digital
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
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