locating the physical server outside India would divest
Indian Courts of their powers.
e.
In any case, it is also relevant to note that Telegram is
actively making its services available in India and now
even earning revenue from India, by its Premium
services. In this regard, under the IT Guidelines 2021
relied upon by Telegram relies upon, there is an
obligation on it to appoint necessary grievance officer(s)
in India.
f.
Finally, this Court also notes the Supreme Court’s
observations in Indian Bank v. Satyam Fibres (India)
(P) Ltd., (1996) 5 SCC 550 and Krishan Yadav v. State
of Bihar, AIR 1994 SC 2166, where it has been
repeatedly held that High Courts are vested with inherent
powers to enable themselves to maintain their dignity,
and secure obedience to their process and rules, i.e., and
to give effective relief.
In view of all these factors, Courts in India would be perfectly
justified in directing Telegram, which runs its massive operations
in India to adhere to Indian law and adhere to orders passed by
Indian Courts for disclosure of relevant information relating to
infringers. Infringers cannot be permitted to seek shelter under
Telegram’s policies merely on the ground that its physical server is
in Singapore.
(ii) In so far as the law in Singapore is concerned, the provisions of the
PDPA, in fact, specifically recognize violations of law, as being an
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 34 of 51
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