The court emphasized the need to protect individuals from online defamation and the importance of independent investigation in criminal cases.

JUDGMENT

Prathiba M. Singh, J.(Oral)

CM Appl. 24870/2023 (Interim measures) and CM Appl. 28011/2023 (Order I Rule 10)

1. This hearing has been done through hybrid mode.

2. The present petition is filed by the Petitioner-Azmat Ali Khan, who is a classical singer, requesting the removal of videos, tweets, and news items published on online platforms and news channels. These items pertain to an FIR dated 19th April 2023 registered against the Petitioner with the Dabri-Dwarka Police Station-Delhi. The Petitioner urges that these news items contain fake news and threats, which pose a significant risk to the Petitioner's life, reputation, and safety.

3. The present application has been filed by the Petitioner praying for interim measures and directions to the Respondents.

4. Vide order dated 12th May 2023, this Court directed that the links to the said videos, tweets, news items be immediately blocked. The said order is as follows:

"8. Heard. Considering the nature of this matter, issue notice to all the Respondents.

9. On behalf of Respondent No. 2, Mr. T. Singh Dev, ld. Counsel accepts notice. On behalf of Respondent No. 3-Ms. Bhambani, ld. Counsel accepts notice. On behalf of Respondent No. 4-Ms Mamta Jha, ld. Counsel accepts notice.

10. Let notice be issued to all the remaining Respondent Nos. 5 to 10.

11. In addition, notice is also issued to Ms. Hetu Arora Sethi, ld. ASC on behalf of Delhi Police. Let a status report be placed on record by Delhi Police in respect of the investigation which is being conducted in the FIR No.295/2023 dated 19th April, 2023 registered at PS Dabri Dwarka Delhi.

12. Let Ms. Hetu Arora Sethi, ld. ASC for the Delhi Police also contact the Complainant in the said FIR and intimate the Complainant about the pendency of this petition. Ms. Sethi shall also file a status report regarding the investigation by the next date.

13. Mr. Sandeep Mohapatra, ld. ASC, who is present in Court, is requested to accept notice on behalf of the Union of India. He is requested to seek instructions from the Respondent No. 1-Ministry of Electronics and Information Technology (MeitY) and from the Ministry of Information and Broadcasting as well.

14. Considering that there is a severe threat to the independent investigation in the FIR and to the safety and security of the Petitioner, as is evident from the comments and videos which have been placed before this Court, it is directed that the links which have been set out in paragraph 11 shall be immediately blocked for public viewing till the next date of hearing."

5. Today, a status report dated 22nd May 2023 has been filed by the Delhi Police, GNCTD. Ms. Hetu Arora Sethi, ld. ASC submits that the accused/Petitioner has joined the investigation, and a statement under Section 161 of the CrPC has been recorded. It is stated that the matter is pending currently before the Additional Sessions Judge, South-West District, Dwarka Courts, New Delhi for anticipatory bail. The IO has been directed not to take any coercive action against the Petitioner till 26th May, 2023.

6. None appears for Respondent No. 6-Suresh Chavhanke. It is directed that Respondent No. 6 shall file an affidavit in respect of the impugned videos and news items before the next date of hearing.

7. Insofar as the Respondent No. 7-Odisha Television Ltd. is concerned, it is submitted by ld. Counsel that the impugned content was received from a syndicated feed, and the same has now been deleted as directed by this Court.

8. On behalf of the Respondent No.5-Twitter Inc., it is submitted by Mr. Saransh Jain, ld. Counsel that there was only one post which has now been taken down. Let the screenshots be placed on record displaying the current status of impugned videos and news items. It is further submitted that appropriate entity to be impleaded in the present petition is `X Corp.' Accordingly, let the necessary details of the said company, along with address, etc. be given to Mr. Rajiv Bajaj, ld. Counsel who shall take ste