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2018 Supreme(SC) 576
SUPREME COURT OF INDIA
MADAN B. LOKUR, UDAY UMESH LALIT, JJ.
In Re: Prajwala Letter Dated 18.2.2015
Videos of Sexual Violence & Recommendations
SMW (Crl.) No. 3 of 2015
Decided On : 16-04-2018
Advocate Appeared:
Ms. N.S. Nappinai
For the Petitioner: Ms. Aparna Bhat, Mr. Pukhrambam Ramesh Kumar, Mr. Mayank Sapra, Ms. Joshita Pai
For the Respondent: Mr. Maninder Singh
For the CBI/MHA Mr. R. Balasubramanian, Mr. P.K. Dey, Mr. Aman Singh, Mr. T.A. Khan, Ms. Aarti Sharma, Ms. Gunwant Dara, Ms. Rashmi Malhotra, Mr. Prabhas Bajaj, Mr. B.V. Balram Das, Mr. M.K. Maroria
For the Yahoo : Mr. Samir Ali Khan, Mr. Soham Kumar, Mr. Kushank Sindhu
Facebook Ireland : Mr. Sidharth Luthra, Ms. Richa Srivastava, Mr. Tejas Chhabra, Mr. Shijo George, Ms. Ishani Banerjee, Mr. Nitin Saluja, Mr. Kumar Vaibhav, Mr. Mrinal Srivastava, Mr. S.S. Shroff
Facebook India : Ms. Richa Srivastava, Mr. S. S. Shroff
For the Google : Mr. R.N. Karanjawala, Ms. Ruby Singh Ahuja, Mr. Vishal Gehrana, Ms. Tahira Karanjawala, Mr. Arvind Chari, Mr. Priyadarshi Banerjee, Mr. Sharvan Sahny, Mrs. Manik Karanjawala, Mr. S. Pratibhanu Singh Kharola, Mr. Avishkar Singhvi, for M/s. Karanjawala & Co.
For the Microsoft : Mr. V. Giri, Mr. Akhil Bhardwaj, Mr. Divyam Agarwal
For the WhatsApp : Mr. Kapil Sibal, Mr. Kuber Dewan, Mr. Shashank Mishra, Mr. Koshy John, Mr. Vivek Reddy, Mr. Raghav Tankha, Mr. Ashwin Reddy, Mr. S.S. Shroff
The court emphasized the need for a comprehensive approach in establishing a Central Reporting Mechanism for online cyber crime reporting, considering the progress, connectivity, and integration with other concerned Ministries.
Headnote:
Cyber Crime Reporting - Ministry of Home Affairs - The court directed the Ministry of Home Affairs to provide a comprehensive status report on the progress made in establishing a Central Reporting Mechanism for online cyber crime reporting, emphasizing the need for connectivity with all States/UTs and integration of other concerned Ministries.
Fact of the Case:
The Ministry of Home Affairs committed to opening the Beta version of the portal for online cyber crime reporting, with expected public launch in April 2018. The court was informed about the progress made in establishing a Central Reporting Mechanism and the interest of other Ministries in similar issues.
Finding of the Court:
The court directed the Ministry of Home Affairs to provide a detailed status report on the progress made, emphasizing the need for a comprehensive approach in line with the indicated roadmap and the recommendations accepted by other entities.
Issues: Progress in establishing a Central Reporting Mechanism for online cyber crime reporting, connectivity with all States/UTs, and integration of other concerned Ministries.
Ratio Decidendi: The court emphasized the need for a comprehensive status report from the Ministry of Home Affairs, considering the roadmap indicated in previous affidavits and the recommendations accepted by other entities.
Final Decision: The matter was listed for the next hearing, with a directive for in-camera proceedings.
ORDER :
We have heard the learned Amicus, the learned ASG and learned counsel for the parties.
2. A very brief status report has been presented in the Court today. On going through the brief status report, we find that the Ministry of Home Affairs has committed itself to open the Beta version of the portal for online cyber crime reporting. The public launch of the Beta version is expected in the last week of April, 2018.
3. It is also stated that connectivity of the portal has been tested with Maharashtra, Kerala, UP and Chandigarh. The process is underway to establish connectivity with all other States/UTs and efforts have been made to integrate as many States as possible before the launch date.
4. Our attention has also been drawn to the recommendation made by the Committee against Proposal 2 which is to the effect that there is a need for a Central Reporting Mechanism as has been done in other countries particularly in the United States.
5. Orally, we have been told that some progress has been made in this regard but this is a very scattered sort of submission made before us.
6. We have also been informed by learned counsel for the parties that there are several other Ministries that are interested in similar issues such as Ministry of Women and Child Development. Learned ASG informs us that the Ministry of Electronics, Information and Technology is also interested in taking corrective steps in so far as cyber crimes are concerned particularly those relating to rape/gang rape/child pornography.
7. It would, of course, be in the interest of all concerned if the Central Reporting Mechanism is set up. Orally, we have been informed that some sort of systems are in place.
8. We would like to have a comprehensive and detailed status report from the Ministry of Home Affairs informing us about the progress made keeping in view the fact that there is a road map already indicated in the affidavit dated 1st December, 2015 and other subsequent affidavits. The status report will deal with all these issues in a comprehensive manner.
9. We would also like to know from the parties before us before the next date of hearing about the status of progress made pursuant to the recommendations accepted by these entities as mentioned in the Report of the Committee.
10. List the matter on 11th May, 2018 at 2.00 pm as a first item.
11. It is made clear that on the next date of hearing also the proceedings will be held in-camera.
