IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAKESH KUMAR, J. UMA DEVI, JJ.
The High Court of Andhra Pradesh at Amaravati – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 9166 of 2020
Decided On : 12-10-2020
Constitution of India,1950 - Article 226- Information Technology Act - Section 79(2)(c) read with 87(2)(zg) and 67-C - 'Defamatory or Degrading Content – Indian Penal Code,1860 - Sections 505(2) and 506 - Criminal intimidation - Petitioner shoulder is heavily burdened with the responsibility of mainly protecting the right of a citizen guaranteed under Part III of the Constitution of India, is itself before this Court with inwardly pain due to indirect/direct attack on it by some of malefactors - Even some occupying high positions and Constitutional posts are not restraining themselves in committing the same mistake - Court has noticed that a new trend has developed in the State of Andhra Pradesh to abuse the High Court and its Judges on different sites of social media and even in the interviews given to electronic media. It is well-known that Judges are not having any platform to come and say about their integrity, sincerity etc. even in a case they are otherwise abused or insulted - Disobedience/insult to the Court, one can be dealt fact remains that penal provisions under the Contempt of Courts Act are though enough to deter persons, who have some faith in system; but not enough to deter such malefactors in making unwarranted allegations against the Judiciary or Judges 0 person occupying high posts are indulging in waging war against judicial system in the State of Andhra Pradesh oblivious of fact that even their entity is existed since there is democratic system in our country –
Finding of the court : Allegations made against one of pillars of democratic set up, i.e. Judiciary, as to what would be difficulty if the investigation into matter is entrusted to an agency, which has got more wider jurisdiction and having branches in different States with more manpower and more equipped than the present agency, which has got very limited resources, learned counsel for respondents have shown no objection - Court at time of hearing had made it clear that in view of facts and circumstances and for better and deep investigation, this Court may not take any notice of allegations which were made by learned counsel for the petitioner - General had shown appreciable gesture and all the parties had agreed for entrusting the investigation to an another investigating agency, well equipped and having number of branches - Counter affidavits and other relevant documents as certified to be true copies of them, to CBI as and when approached. It goes without saying that on examination of materials available on record, if other materials disclose cognizable offences, it would be necessary for CBI to register more FIRs, investigate and bring same to its logical end 0 necessary to examine as to whether such attacks on Judiciary were made as a result of larger conspiracy or not - If it is noticed that it was due to the result of larger conspiracy, the CBI is required to take appropriate action against such culprits irrespective of the post and position –
Result : Ordered Accordingly
ORDER :
1. The petitioner, whose shoulder is heavily burdened with the responsibility of mainly protecting the right of a citizen guaranteed under Part III of the Constitution of India, is itself before this Court with inwardly pain due to indirect/direct attack on it by some of malefactors. Even some occupying high positions and Constitutional posts are not restraining themselves in committing the same mistake. Since the month of April, 2020, this Court has noticed that a new trend has developed in the State of Andhra Pradesh to abuse the High Court and its Judges on different sites of social media and even in the interviews given to electronic media. It is well-known that Judges are not having any platform to come and say about their integrity, sincerity etc. even in a case they are otherwise abused or insulted. It is true that under the provisions of the Contempt of Courts Act, 1971, in a case of willful disobedience/insult to the Court, one can be dealt with; but the fact remains that penal provisions under the Contempt of Courts Act are though enough to deter persons, who have some faith in the system; but not enough to deter such malefactors in making unwarranted allegations against the Judiciary or Judges. The person occupying high posts are indulging in waging war against the judicial system in the State of Andhra Pradesh oblivious of the fact that even their entity is existed since there is democratic system in our country. In a democratic State if such war is initiated against the judicial system by persons holding high positions, certainly it will create unnecessary doubt in the mind of citizen against the judicial system, which may cripple entire system. It need not to be elaborated that in the State of Andhra Pradesh, in general, people are well disciplined and law abiding. They have got faith in the system. However, it appears that the petitioner is being attacked by some corner with some oblique motive.
2. The petitioner, i.e. High Court of Andhra Pradesh, at Amaravati, taking decision on administrative side, has preferred to invoke the writ jurisdiction under Article 226 of the Constitution of India, primarily with a view to protect its entity from the attack of some of antisocial elements in our State.
3. The present writ petition was filed with a prayer for issuance of writ of an appropriate writ or order or direction, particularly, writ in the nature of writ of Mandamus:
“(A) To declare the action of the Respondent Nos. 2 to 6 in failing to act progressively and to take necessary action and to invoke the appropriate provisions of law, as mandated, pursuant to the registration of FIR No. 16/2020, dated 16.04.2020, and FIR No. 17/2020, dated 18.04.2020 on the file of Respondent No. 6 against the said offenders, as being illegal, arbitrary and unconstitutional, and in violation of provisions of Criminal Procedure Code and Information Technology Act, 2000.
(B) To declare the action of the Respondent Nos. 7-9 and 19, more particularly, Respondent Nos. 9 and 19, in failing to act against the Respondent Nos. 10 to 18, where under social networking platforms are being utilized and abused for creating ill-will and hatred against the petitioner herein in the mind and eye of the Public, as being illegal, arbitrary, unconstitutional and in violation of provisions of IPC, Cr.P.C. and I.T. Act, 2000, thereby securing protection to the Judiciary.
(C) To declare the action of the Respondent Nos. 7 to 9 and 19 in failing to frame guidelines for the intermediaries in compliance of Section 79(2)(c) read with Section 87(2)(zg) of the Information Technology Act which authorizes the Respondent Nos. 7 to 9 and 19 to prescribe guidelines to intermediaries, thereby securing certain protection to the Judiciary.
(D) Consequently, in the alternative, transfer the investigation in FIR No. 16/2020 dated 16.04.2020 and FIR No. 17/2020 dated
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