Tripura High Court
Whatsapp Llc vs Union Of India on 13 May, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
IA NO. 02 of 2024
In WP(Crl.) No.02 of 2023
WhatsApp LLC, 1 Meta Way,
Menlo Park, California-90425
Represented by its Power of Attorney holder,
Mr. Brian Hennesey, S/o Mark Hennessy.
...... Applicant(s)
VERSUS
1. Union of India,
Represented by its Secretary,
Ministry of Electronics & Information Technology,
Niketan, 6, CTGO Complex,
Lodhi Estate, New Delhi-110003.
2. The State of Tripura,
Represented by its Secretary,
Home Department, Government
Of Tripura, New Secretariat Complex,
Agartala, West Tripura..
3. Sujata Deb,
Old Kalibari Lane,
Agartala, P/S West Agartala,
Tripura.
...... Respondent(s)
For Applicant(s) : Mr. Tejash Karia, Sr. Advocate.
Mr. Shashanka Mishra, Advocate.
Mr. A Bhaumik, Advocate.
For Respondent(s) : Mr. SS Dey, Advocate General.
Mr. Bidyut Majumder, Dy. SGI.
Mr. S Ghosh, Advocate.
Ms. A Chakraborty, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
13.05.2024
Heard Mr. Tejash Karia, learned Sr. counsel assisted by Mr.
Shashanka Mishra, learned counsel as well as Mr. SS Dey, learned Adv. Gen.
assisted by Ms. A Chakraborty, learned counsel appearing for the respondent-
State and Mr. B Majumder, learned Dy.SGI, appearing for the respondent No.1
Union of India on IA No.02 of 2024 in WP(Crl.) No.02 of 2023.
2. The fact relating to swearing of affidavit by the deponent on both
sides of the page is ignored on the request of the learned counsel for the
petitioner without any objection from the other side.
3. This application seeks transfer of the present writ petition and the
concerned records to the Hon'ble High of Court of Delhi in accordance with
the directions contained in the order dated 22nd March, 2024 passed by Hon'ble
Supreme Court in T.P.(C) No.997-1000/2021, T.P.(C) No.1147-1152/2021 and
T.P.(C) No.1248-1252/2021("Transfer Order").
4. It is submitted by the learned counsel for the petitioner that under
Article 139(A) of the Constitution of India, the Apex Court has by order dated
22nd March, 2024 transferred similar cases pending in various High Courts to
Delhi High Court for analogous hearing. Learned counsel for the petitioner
submits that the present writ petition also raises similar issue including the
vires of the Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021 ("Intermediary Rules"). As such, in
conformity with the directions contained in paragraph 5 of the order dated 22 nd
March, 2024, this Court may also transmit the relevant records of the instant
writ petition for analogous hearing by the Delhi High Court.
5. It is further submitted that the Apex Court being conscious of the
pendency of similar matters in other High Courts, other than those whose
transfer petitions were pending before it, had been pleased to direct that,
additionally all such similar cases pending in various High Courts should also
be transferred on appropriate application, by either of the parties. Pursuant
thereto, the instant application has been made by the writ petitioner.
6. It is submitted that the transmission of records of the instant case
from the jurisdiction of this High Court to the Delhi High Court would only be
a compliance of the direction passed by the Apex Court in that regard. Learned
Adv. General and learned Dy.SGI appearing for the State do not have any
objection to the prayer.
7. We have taken into account the averments made in the application
and also gone through the order dated 22nd March, 2024 passed by the Apex
Court in a batch of transfer petitions concerning the challenge to the
Information Technology Rules, 2021 which were pending before various High
Courts including the High Court of Delhi. The Apex court, upon consideration
of the prayer, deemed it appropriate to transfer the proceedings pending in the
various High Courts for analogous hearing to the Delhi High Court. It also
issued additional directions that all such similar cases pending in various High
Courts should also be transferred, on appropriate applications, by either of the
parties, to the Delhi High Court.
8. In such circumstances, this Court in compliance of the direction
passed by the Apex Court, deems it proper to transmit the records of the
present writ petition to the Delhi High Court on the application made by the
writ petitioner.
In view of the above, the instant application stands disposed of.
Pending application(s), if any, also stand disposed.
(S. DATTA PURKAYASTHA), J (APARESH KUMAR SINGH), CJ
SATABDI DUTTA Digitally signed by SATABDI DUTTA
Date: 2024.05.14 16:09:32 +05'30'
Satabdi
