Professional Documents
Culture Documents
Respondent
Respondent
CONTENTS
LIST OF AABBREVATIONS………………………………………………………………… 2
INDEX OF AUTHORITIES……………………………………………………………………
STATEMENT OF JURISDICTION…………………………………………………………….
STATEMENT OF FACTS………………………………………………………………………
ISSUES RAISED………………………………………………………………………………..
SUMMARY OF ARGUMENTS…………………………………………………………………
ARGUMENTS ADVANCED……………………………………………………………………
PRAYER………………………………………………………………………………………….
LIST OF AABBREVIATIONS
% Percentage
& And
¶ Paragraph
Anr. Another
Govt. Government
Hon‟ble Honorable
i.e. That is
Ltd. Limited
Ors. Others
SC Supreme Court
v. Versus
INDEX OF AUTHORITIES
STATEMENT OF JURISDICTION
The Hon’ble High Court of Broomland has the jurisdiction in this matter under Article 226 of the
Constitution of Sindhia, 19501
1
226. Power of High Courts to issue certain writs.-
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation
to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part
III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person
may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause
of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government
or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is
made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order;
and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such
order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel
of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it
is received or from the date on which the copy of such application is so furnished, whichever is later, or where the
High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High
Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as
the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the
Supreme court by clause ( 2 ) of Article 32
Statement of Facts
Funbook and ChatOn was their end-to-end encryption technology that guaranteed the privacy of
contents shared by users.
7. ChatOn and Funbook revised the user policy where under 50 or more user complain
about the content of any post uploaded or shared on such social media, the same will be immediately
removed also ensured that any video which has graphic content was blurred and an express consent
from the user is taken before such video is played.
8. Post this incident, a video of a Sindhu women being raped by a group of man wearing
religious Jeruslam lockets went viral on Funbook and ChatOn (video 2) with “Sindhia belongs to
Jerustan” this create riots and violence in the state of Broomland.
9. Lady unnamed and Neutral Sindhia (the “Petitioners”) made a written request to the
Grievance officer of Funbook stating that the said videos should be urgently taken down and any
further parts pertaining to the same should be automatically blocked. Also, that the user account
posting the same should be deactivated as this fall under the category of hate speech and violate the
right of privacy of lady unnamed. However, despite repeated request from the petitioners Funbook
declined to take down the said videos and related contents because as per Funbook policy 50 people
had to complain for Funbook to take down any content from its platform. Also provided
documentary evidence of the fact that they have complied with all the legal requirements under the
Information Technology Act 2000 and have processed her complaint.
10. “Department of Information Technology”, State of Broomland (DIT) refused to
entertain the request of the Petitioners to blacklist Funbook and ChatOn on the ground that it did
not have enough information, however issued a show caused notice to Funbook demanding detailed
report of the incident.
11. DIT said that any form of the regulation of the contents of the Funbook and ChatOn
without reasonable justification would tantamount to violation of freedom of speech of the citizen
of Sindhia. Thus, the Petitioner have approaches the Hon’ble High Court of Broomland with its
petition against Funbook Private Limited i.e., “Respondent 1” and DIT i.e., “Respondent 2”
Issues Raised
The respondent has placed before this Hon’ble Court the following issues for consideration:
Issue 1
Issue 2
Issue 3
Summary of Arguments
Advance Arguments
2
M.P. Jain, Indian Constitutional Law, 412(7th ed., 2014).
3
Union of India v. T.R. Varma, AIR 1957 SC 882.
4
Seth Chand Ratan v. Pandit Durga Prasad, (2003) 5 SCC 399.
5
Madhya Pradesh v. Income Tax Officer, (1965) 57 ITR 637 SC
is been come under the notice of respondent 1. Therefore, the video was not been removed and
there is no violation of Fundamental Rights. In this current case, it is humbly submitted that there
is no direct and definite relation between the cause of action and the locus standi and hence it is
humbly submitted that the writ petition to this regard is not maintainable.