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