Anjali Singh's Plea for of Edited Video Rejected by MP High Court
In a significant ruling that balances the with the need for factual investigation, the has declined to issue a for the removal of a viral edited video allegedly showing Anjali Singh , the daughter-in-law of former state Chief Secretary A.V. Singh, making derogatory remarks during a housing society altercation. The bench of Justice Himanshu Joshi instead directed police authorities to preserve and assess threats to the petitioner's safety, while leaving the of the video's authenticity to the investigating agency.
A Viral Video and a Plea for Safety
The dispute stems from an incident on , at Amrapali Enclave in Bhopal's Chuna Bhatti area. According to the petitioner, parking blocks outside her residence were removed and restored, sparking an altercation that was captured on CCTV and an unedited video. Singh alleged that portions of this footage were later selectively edited and circulated on social media platforms with captions that gave the incident a communal colour and falsely attributed religious remarks to her.
Following the circulation, Singh claimed she and her family began receiving threatening calls and messages . She filed multiple complaints from July 29 onward with local police, the , and the , and submitted a representation under the seeking removal of the objectionable material and preservation of evidence. Despite her statement being recorded on August 10, she asserted that no effective action was taken.
Court's Principled Refusal of
The High Court carefully examined the petitioner's demand for a of all allegedly content. Rejecting this broad relief , the court observed that the authenticity, completeness, and context of the videos involve that require examination by the competent investigating agency under the and the IT Rules, 2021.
"At this stage, this Court would not be justified in recording a finding that the impugned videos are in fact , or ' ', as such findings require examination of the original material and the applicable statutory framework."
The court further noted that a to private to remove all content, without identification and examination of specific offending material, cannot ordinarily be issued in .
Balancing Rights and Investigation
While refusing the , the court acknowledged the petitioner's regarding personal safety and . It directed the competent police and cyber authorities to consider her complaints in accordance with law and take appropriate steps, particularly for and investigation of any .
On the prayer for immediate registration of an FIR and , the court held that the police authority shall consider the complaint and act if a is disclosed. However, the petitioner cannot seek transfer merely on the basis of apprehension, especially in the absence of material demonstrating that the existing investigation is unfair or incapable of being conducted impartially.
Directions for Evidence and Protection
The court disposed of the petition with the following key directions:
- The competent police/cyber authority shall consider the complaints and take appropriate action, including preservation of relevant .
- The competent authority shall examine the grievance regarding specific online content and, where statutory requirements are satisfied, take action under the IT Act and IT Rules, 2021 .
- The , shall examine the petitioner's request for protection and take based on a .
- The investigating authority shall consider the original CCTV footage, unedited video, and other electronic material produced by the petitioner, including the pen-drive with a certificate under .
- If any is disclosed, appropriate proceedings shall be initiated in accordance with law.
The court clarified that it has not expressed any opinion on the genuineness or legality of the alleged edited videos or the culpability of any person, leaving the authorities to act independently and strictly in accordance with law.
Key Observations
"Such questions are appropriately examined by the competent investigating agency on the basis of the original electronic material and other evidence."
"A to the private to remove all such content, without identification and examination of the specific offending material, cannot ordinarily be issued in ."
The ruling underscores the judiciary's reluctance to intervene in content moderation without a proper factual foundation, while reinforcing the constitutional duty of the state to protect life and liberty under Article 21 of the .