'Hate Messages': Telangana High Court Asks Home Ministry To Consider Representation For Registration Of FIR Against Twitter, Users

While disposing of the PIL against circulation of "islamophobic" posts on the platform, a Division Bench comprising of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy asked the Home Ministry to consider the averments made in the petition and take appropriate steps.

The petition filed by Advocate Khaja Aijazuddin last year sought restraint on communal hashtags trending on Twitter as it may hurt the sentiments of the Muslim community.

On Thursday, the Division Bench noted that the above prayer does not survive any longer as it has worked itself out.

So far as prayer for registration of FIR against the perpetrators is concerned, the Court ordered,

"In so far as the third relief is concerned, which is for issuing directions to the respondent No.1/Government of India, to register criminal complaint against the respondent No.5/Twitter and its users, who are spreading hatred messages, it is directed that the respondent No.2 [Ministry of Home Affairs] shall consider the averments made in the present petition and take appropriate steps, if considered expedient, as contemplated in law."

Significantly, the Petitioner had also sought a direction to the Central Government to restrain all online social media networks operating in India from carrying any Islamophobic Posts or messages hurting or insulting the feelings of the particularly community.

This aspect, the Division Bench noted, may not be dealt with by the High Court. It ordered,

"Having regard to the manner in which the second prayer is couched, this court being a State High Court cannot grant such a relief. It is for the petitioner to approach the Supreme Court for appropriate orders."

It is significant to note that the instant petition was first filed before the Supreme Court in April last year.

However, the Top Court had refused to intervene in the matter and allowed the Petitioner to withdraw the plea with the liberty to approach the Telangana High Court, pursuant to which the present petition was filed.

Case Title: Khaja Aijazuddin v. Govt of India & Ors.

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