A writ petition sought removal of an unauthorized, defamatory video circulating on social media platforms. The court noted the petitioner had not yet used the Grievance Appellate Committee remedy under Rule 3A of the IT Rules and directed him to approach it, requesting expeditious disposal given upcoming elections.
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UNION OF INDIA AND ORS. .....Respondents Through: Ms. Avshreya Pratap Singh Rudy, Sr. Panel Counsel along with Ms. Usha Jamnal, Ms. Harshita Chaturvedi, Ms. Hepsiba Bobin, Advs. for R-1. Ms. Nupur, Adv. for Ms. Surushi Suri, Adv. for R-2. Mr. Tejas Karia, Mr. Varun Pathak, Mr. Thejesh Rajendran, Ms. Prasidhi Agaral and Mr. Tanug Sharma, Advs. for R-3. Ms. Mamta Jha, Ms. Shruttima Ehersa, Mr. Rohan Ahuja and Ms. Aishwarya, Advs. for R-4. Mr. Mathuvanthy Mathavan, Adv. for R-5. Mr. Madhav Khosla and Mr. Samgak Bhalla, Advs. for R-6.
CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 08.01.2025
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:24:21
show him getting assaulted by a group of women. It is stated that the said video is being disseminated to social media platform without any contextual clarification, thereby creating a false narrative about the petitioner’s character and tarnishing his credibility and also undermine the public trust he has earned through decades of dedicated social work and political engagement.
“ 3A. Appeal to Grievance Appellate Committee(s) .—(1) The Central Government shall, by notification, establish one or more Grievance Appellate Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.
(2) Each Grievance Appellate Committee shall consist of a Chairperson and two whole time members appointed by the Central Government, of which one shall be a member ex officio and two shall be independent members.
(3) Any person who is aggrieved by a decision of the Grievance Officer or whose grievance is not resolved within the period specified for resolution in sub-clause (i) of clause (a) of sub-rule (2) of Rule 3 or clause (b) of sub-rule (2) of Rule 3 or sub-rule (11) of Rule 4-A, as the case may be, may prefer an appeal to the Grievance Appellate Committee within a period of thirty days from the date of receipt of communication from the Grievance Officer.
(4) The Grievance Appellate Committee shall deal with such appeal expeditiously and shall make an endeavour to resolve the appeal finally within thirty calendar days from the date of receipt of the appeal.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:24:21
(5) While dealing with the appeal if the Grievance Appellate Committee feels necessary, it may seek assistance from any person having requisite qualification, experience and expertise in the subject matter.
(6) The Grievance Appellate Committee shall adopt an online dispute resolution mechanism wherein the entire appeal process, from filing of appeal to the decision thereof, shall be conducted through digital mode. (7) Every order passed by the Grievance Appellate Committee shall be complied with by the intermediary concerned or the online gaming self regulatory body concerned, as the case may be, and a report to that effect shall be uploaded on its website.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:24:21
take appropriate remedies, as may be permissible under law.
SACHIN DATTA, J
JANUARY 8, 2025/ cl
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:24:21
1 issue framed by the court
Whether the petitioner should be directed to first approach the Grievance Appellate Committee under Rule 3A of the IT Rules before seeking judicial removal of a defamatory video.
Colour shows how this judgement treated each authority
Mohammad Hamim and Anr. vs. Facebook India Online Services Pvt. Ltd. and Ors.Relied on¶5
2024: DHC: 773-DB
1 provisions across 1 enactments
Ravinder alias Billu
Union of India
Respondent No. 2
Respondent Nos. 3 to 6
Sachin Datta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
