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2008 Supreme(Mad) 4684
High Court of Judicature at Madras
THE HONOURABLE ACTING CHIEF JUSTICE MR. S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE V. DHANAPALAN
J. Mohanraj
Versus
The Secretary to Government (Home) & Others
Writ Petition No.29713 of 2008
Decided on: 17-12-2008
For the Petitioner:V. Manikandan, Advocate.
For the Respondents: R1 to R4, K. Elango, Asst. Solicitor General of India.
Courts cannot lay down guidelines or laws without expert opinion and deliberation, and issues related to national security should be addressed by appropriate legislative bodies.
Headnote:
Google Earth and Bhuvan - Security Threat - The court considered the security implications of Google Earth and Bhuvan satellite imaging programs, and the potential violation of Article 21 of the Constitution of India. The court also referred to the National Mapping Policy, 2005, and the responsibility of the Survey of India in maintaining and disseminating topographic map databases.
Fact of the Case:
The petitioner sought a ban on Google Earth and Bhuvan due to security concerns, alleging that the satellite imaging programs posed a threat to the defense infrastructure of the country.
Finding of the Court:
The court found that it could not lay down any guidelines or laws to bind the mapping programs without expert opinion and deliberation. It suggested that the petitioner should approach the Telecom Regulatory Authority of India or the Parliamentarians and Legislators to address the issue.
Issues: Security implications of Google Earth and Bhuvan, potential violation of Article 21 of the Constitution of India, absence of expert opinion and deliberation on the mapping programs.
Ratio Decidendi: In the absence of expert opinion, the court could not issue any direction on the mapping programs and suggested that the issue should be addressed by appropriate legislative bodies.
Final Decision: The Writ Petition was disposed of with the observation that the petitioner should approach the relevant legislative bodies to address the security concerns.
S.J. Mukhopadhaya, A.C.J.
1. This Writ Petition has been preferred by the petitioner in public interest, for a direction on the respondents 1 to 3 to cause a total or partial ban on "Google Earth" and "Bhuvan" commensurate with the security requirements of the country.
2. According to the petitioner, in connection with the security apparatus of the Union of India vis-a-vis the threat posed by terrorists, the petitioner is constrained to file the present Writ Petition. It is alleged that the fifth respondent is the Worlds largest Internet Company and in the year 2005, it has also developed "Google Earth" and Interactive Mapping Program powered by the Satellite and Aerial Imagery that covers the vast majority of the Planet. It displays Satellite images of varying resolutions of the Earths surface, allowing users to see Cities, Streets and even houses from a Birds eye view and gave minute details and provided the viewers with the photographs and extremely accurate navigational coordinates. Such snooping extends to sensitive establishments, such as various nuclear establishments across the Country. Space facilities, Defence and Training Institutions and even the abode of the Supreme Commander of the Armed Forces, have not been spared, thereby posing security threat to the Defence infrastructure of the Country.
Giving reference to one of the Lectures delivered by the Former President of India Shri.Abdul Kalam, it is stated that the Former President of India observed that the geographic details provided by Google Earths Satellite imaging program poses a security risk. Developing Countries, which are already in danger of Terrorists attack, have been singularly chosen.
It is also alleged that the Indian Space Research Organization (i.e. ISRO) has also similar Satellite known as "Bhuvan", taking their Satellite and aerial imagery and Interactive Mapping Program of this Country.
3. Learned counsel appearing for the petitioner while submitting that it is a threat to the country, also submitted that such Mapping will be violative of Article 21 of the Constitution of India, so far as the individuals rights are concerned. He relied on a National Mapping Policy, 2005, stated to have been issued by the Geographical Survey of India, wherein, Preamble portion reads as follows:
"1. PREAMBLE
All socio-economic developmental activities, conservation of natural resources, planning for disaster mitigation and infrastructure development require high quality spatial data. The advancements in digital technologies have now made it possible to use diverse spatial databases in an integrated manner. The responsibility for producing, maintaining and disseminating the topographic map database of the whole country, which is the foundation of all spatial data vests with the Survey of India (SOI). Recently, SOI has been mandated to take a leadership role in liberalizing access of spatial data to user groups without jeopardizing national security. To perform this role, the policy on dissemination of maps and spatial data needs to be clearly stated."
The Objective of the National Map Policy, 2005, as issued by the Geographical Survey of India, seems to provide, maintain and allow access and make available the National Topographic Database (NTDB) of the Survey of India conforming to national standards and to promote the use of geo-spatial knowledge and intelligence through partnerships and other mechanisms by all sections of the Society and work towards a knowledge-based society.
Further, according to the learned counsel appearing for the petitioner, the aforesaid job is with the Geographical Survey of India and the private parties like the fifth respondent, should not conduct such Mapping through Satellites.
4. Though such submissions have been made by learned counsel appearing for the petitioner, the counsel is not in a position to lay on hand on any of the Guidelines/Rules/Law laid down by the Central/State Governments, prohibiting the private org
