J MOHANRAJ Vs. SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(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 World's 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 Earth's surface, allowing users to see Cities, Streets and even houses from a Bird's 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 Earth's 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.) FURTHER, in the absence of any Expert Opinion and deliberation on such issues by a competent authority, we feel that this Court, under Article 226 of the Constitution of India, in a public interest litigation, cannot lay down any Guidelines/Rules/Law to bind one or other Mapping Program, including the Program for Interactive Mapping through Satellite and Aerial Imageries, covering vast majority of the Planet. It is a matter of discussion and to be determined after deliberation whether it is beneficial in the interest of public or harmful to public. In the absence of such Expert Opinion, we are not in a position to deliberate on the issues, nor in a position to issue any direction on the respondents 1 to 3.