Back
2018 Supreme(SC) 539
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
MADAN B. LOKUR, UDAY UMESH LALIT, JJ.
IN RE: PRAJWALA LETTER DATED 18.2.2015 VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS
SMW (Crl.)No(s).3 of 2015
Decided on : 18-05-2018
Advocate Appeared:
For the Appellant : Ms. N.S. Nappinai, Ms. Aparna Bhat, Mr. P. Ramesh Kumar, Ms. Rajkumari Banju, Ms. Joshita Pai, Mr. Mayank Sapra, Adv.
For the Respondent: Mr. Maninder Singh, Mr. Aman Sinha, Sr. Adv., Mr. R. Balasubramanian, Ms. Gunwant Dara, Ms. Rashmi Malhotra, Mr. P.K. Dey, Mr. T.A. Khan, Ms. Aarti Sharma, Mr. Prabhas Bajaj, Ms. Sushma Suri,(NP), Mr. Mukesh Kumar Maroria, Mr. B.V. Balram Das, Mr. Samir Ali Khan, Mr. Sanjay Kumar, Mr. Kushank Sindhu, Mr. Sidharth Luthra, Ms. Richa Srivastava, Mr. Tejas Chhabra, Mr. Nitin Saluja, Mr. Shijo George, Ms. Ishani Banerjee, Mr. Kumar Vaibhav, Mr. Mrinal Srivastava, Mr. Karan Khaitan, Mr. S. S. Shroff, Ms. Richa Srivastava, Mr. S. S. Shroff, Mr. Sajan Poovayya, Ms. Ruby Singh Ahuja, Mr. Vishal Gehrana, Ms. Tahira Karanjawala, Mr. Arvind Chari, Mr. Priyadarshi Banerjee, Mr. Saransh Kumar, Mr. S. Pratibhanu Singh Kharola, Mr. Sharvan Sahny, Mr. Avishkar Singhvi, Mrs. Manik Karanjawala, Mr. Sanjeet Ranjan, for M/s. Karanjawala & Co. Mr. V. Giri, Mr. Amar Gupta, Mr. Akhil Bhardwaj, Mr. Divyam Agarwal, Mr. Kapil Sibal, Mr. Tejas Karia, Mr. Shashank Mishra, Mr. Koshy John, Mr. Raghav Tankha, Mr. Ashwin Reddy, Mr. S.S. Shroff, Adv.
Granting additional time for completion of tasks related to the launch of an online cyber crime reporting portal and directing entities to file an affidavit showing the progress made.
Headnote:
Court Order - Cyber Crime Reporting Portal - The court granted additional time to the Ministry of Home Affairs to complete tasks related to the launch of an online cyber crime reporting portal and directed various entities to file an affidavit showing the progress made.
Fact of the Case:
The Ministry of Home Affairs was granted additional time to complete tasks related to the launch of an online cyber crime reporting portal.
Finding of the Court:
The court found that more time was needed to complete the tasks and directed various entities to file an affidavit showing the progress made.
Issues: Completion of tasks related to the launch of an online cyber crime reporting portal, progress made by various entities in response to the court's order.
Ratio Decidendi: The Ministry of Home Affairs was granted additional time to complete the tasks, and various entities were directed to file an affidavit showing the progress made.
Final Decision: The court granted additional time to the Ministry of Home Affairs and directed various entities to file an affidavit showing the progress made.
ORDER:
1. We have heard the learned Amicus, the learned ASG, Ms. Aparna Bhat -learned counsel for the petitioner and learned counsel for the other parties.
2. On going through the Status Report handed over in Court today by the learned ASG, we find that a substantial amount of work still remains to be done. It has been stated that the launch of Beta Version of Online Cyber Crime reporting portal has been given up and now the portal in its final form will be launched on or before 15th July, 2018.
3. It is further stated that at present, the security audit is going on.
4. With regard to Portal Integration with CCTNS, it is stated that this is likely to take about two months’ time and the Ministry of Home Affairs is co-ordinating with the States and the Union Territories in this regard.
5. With regard to Institutional Mechanism at Central Level, it is stated that there is some dialogue between the States and the Ministry of Electronics and Information Technology and other Ministries in this regard.
6. It is further stated that all these three activities will be completed on or before 15th July, 2018. In our opinion, more than sufficient time has been taken by the Ministry of Home Affairs to complete these tasks and to complete other tasks. However, time is granted to the Ministry of Home Affairs to complete the tasks on or before 30th June, 2018.
7. In our order dated 16.04.2018, we had required the parties before us i.e. Yahoo, Facebook Ireland, Facebook India, Google India, Google Inc., Microsoft and Whats App to let us know the status of progress made pursuant to the recommendations accepted by these entities as mentioned in the Report of the Committee. None of these entities has filed anything to show us the progress nor any of these entities is ready with any response pursuant to our aforesaid order.
8. We direct these entities to file an affidavit on or before 15th June, 2018 giving us the status of the progress made.
9. The Registry will accept the affidavit filed by these entities along with costs of Rs.1 lac each which will be kept in a fixed deposit for a short term period immediately upon receipt.
10. List the matter on 2nd July, 2018 at 2.00 pm. It is made clear that the proceedings need not be in camera.
