LAWS(CAL)-2022-2-72

MADHURIMA SENGUPT Vs. FACEBOOK INC. INDIA

Decided On February 14, 2022
Madhurima Sengupt Appellant
V/S
Facebook Inc. India Respondents

JUDGEMENT

(1.) The allegation in this petition is in respect of an offensive post with regard to Goddess Saraswati in the facebook. The gist of that offensive post is mentioned in paragraph 2 of the petition and a vernacular copy of the same has been enclosed at pages 22 and 23 of the petition.

(2.) Mr. Rohatgi, learned senior counsel appearing for the respondent No.1, has submitted that since URL of the post has not been disclosed, it is difficult to trace out the offensive post and that though the name of the person who had posted is mentioned in paragraph 15(IV) of the petition, but he has not been impleaded as a respondent. He has further submitted that if this court directs then the offensive post will be removed and that other courts have issued similar direction earlier.

(3.) Learned Advocate General has vehemently submitted that it is an offensive post and is required to be deleted by the respondent No. 1 and so far as the State is concerned, adequate action has already been initiated against the person who had posted the said offensive post.