The Delhi High Court on Wednesday sought replies in a plea seeking removal of certain X posts by journalist Rana Ayyub. The plea alleges that the posts insult Hindu deities and promote anti-India sentiment.
Justice Purushaindra Kumar Kaurav heard the petition filed by Amita Sachdeva. She sought deletion of the posts, calling them derogatory, inflammatory, and communally sensitive.
The Court issued notice to the Union of India, X Corp, Delhi Police, and Ayyub. It asked them to file their responses by Thursday.
The Court said the matter required urgent consideration. It also directed the Delhi Police to send the relevant documents to X Corp.
The Court observed: “Action is necessary in view of the highly derogatory, inflammatory and communal tweets by respondent no. 4 (Ayyub) pursuant to which even an FIR is directed to be registered against (Ayyub) on the directions of the court of competent jurisdiction.”
The Court will hear the matter next on Friday.
Sachdeva alleged that the posts insult Hindu deities. She also claimed that they defame Veer Savarkar and the Indian Army. The six posts in question date from 2013 to 2017.
Sachdeva described herself as a devout follower of Sanatan Dharma. She earlier filed a complaint on the National Cyber Crime Reporting Portal. Through that complaint, she sought criminal action against Ayyub over the social media posts.
Later, a trial court ordered registration of an FIR against Ayyub. The trial court said the material prima facie disclosed cognizable offences under Sections 153A, 295A, and 505 of the Indian Penal Code, 1860. These provisions deal with promoting enmity between different groups, deliberate and malicious acts intended to outrage religious feelings of any class, and statements conducing to public mischief.
In the fresh petition before the High Court, Sachdeva sought deletion of the X posts. She argued that the posts prima facie disclose the offences in question.
According to the petition, Sachdeva also approached X Corp’s Grievance Appellate Committee. However, it refused relief on the ground that the matter was sub judice.
The plea states: “Despite the complete exhaustion of the remedies available under Rules 3(2) and 3A of the IT Rules, 2021, of the IT Intermediary Guidelines, the offending tweets continue to remain publicly accessible worldwide as on date. The continued availability of the impugned content is causing ongoing injury to religious sentiments, disturbing communal harmony, and rendering the judicial directions ineffective.”
The petition also says that, in May last year, Delhi Police informed the trial court that it was still awaiting details of Ayyub’s X account and the tweets in question. It further said the posts were not available on the social media platform.
Sachdeva further alleged that Ayyub had consistently used her social media account to insult Hindu deities, malign the fabric of Indian unity, and promote hostility towards India and its citizens, including the Indian Army.
Sachdeva said authorities took no action despite repeated follow-ups. She then filed an application under Section 156(3) of the Code of Criminal Procedure. Through it, she sought registration of an FIR against the journalist.
Case Title: AMITA SACHDEVA v. UOI & Ors
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