HC-NIC C/WPPIL/191/2015 ORDER shall be such as may be prescribed. (3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine.” 8. The aforesaid Section shows that the situations envisaged are, “in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above”. Further a direction can be issued under Section 69A for blockage of public access to such informations and it may also be relating to “any information generated, transmitted, received, stored or posted in any computer resource”. 9. If the comparison of both the sections in the field of operations is made, barring certain minor overlapping more particularly for public order, one can say that the area of operation of Section 69A is not the same as that of Section 144 of the Code. Section 69A may in a given case also be exercised for blocking certain websites, whereas under Section 144 of the Code, directions may be issued to certain persons who may be the source for extending the facility of internet access. Under the circumstances, we do not find that the contention raised on behalf of the petitioner that the resort to only Section 69A was available and exercise of power under Section 144 of the Code was unavailable, can be accepted. Page 9 of 15 Page 9 of 15 Created On Thu Sep 17 08:11:45 IST 2015

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