The Supreme Court on Wednesday dismissed a writ petition seeking directions to curb the circulation of allegedly derogatory remarks made by a social media influencer against Prophet Muhammad and a comprehensive regulatory framework governing the publication, dissemination and circulation of such content on digital and social media platforms.
The Bench of Justice PS Narasimha and Justice Alok Aradhe declined to entertain the public interest litigation filed by MD Anas Chaudhary under Article 32 of the Constitution, holding that the matter did not warrant the exercise of the Supreme Court’s extraordinary writ jurisdiction.
The Apex Court orally observed that petitions of this nature appeared to be filed to sensationalise or politicise issues rather than to seek enforcement of fundamental rights under Article 32. After the Bench expressed its disinclination to entertain the petition, the petitioner’s counsel withdrew the plea.
Appearing for the petitioner, Advocate Pulkit Agarwal submitted that the case concerned allegedly offensive remarks made during a podcast that had hurt the sentiments of a particular religious community. He argued that there was an absence of an effective regulatory mechanism governing content on social media platforms and that constitutional questions regarding censorship and regulation of digital content would eventually require judicial determination.
It was further contended that podcasts, reels and other user-generated content were being widely produced and circulated across the country, necessitating safeguards against abusive and inflammatory material.
The Bench, however, observed that the grievances raised could not be adjudicated in proceedings under Article 32. Justice Narasimha orally remarked that Article 32 petitions were intended for a specific constitutional purpose and could not be invoked in every such matter. He indicated that the petitioner should pursue remedies available under the existing statutory framework instead of directly approaching the Apex Court, observing that Article 32 could not be used to bypass established legal procedures.
Justice Aradhe questioned the maintainability of the petition and referred to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. He asked whether the petitioner had considered approaching the competent authority under the Information Technology regime, observing that the existing statutory framework already provides legal remedies for such grievances.
When informed that multiple First Information Reports (FIRs) had already been registered against the influencer, the Bench reiterated that any further action should be pursued in accordance with the procedure established by law. It also observed that persons aggrieved by such content should ordinarily lodge complaints with the competent authorities and ensure registration of criminal proceedings wherever warranted.
The petition arose from alleged derogatory remarks made by influencer Nazia Elahi Khan against Prophet Muhammad and his family during a podcast in June, clips of which subsequently went viral on social media, leading to the registration of multiple FIRs against the influencer.
The petitioner had impleaded the Union Ministry of Home Affairs, the Ministry of Electronics and Information Technology (MeitY), YouTube, Facebook, X and Nazia Elahi Khan as respondents.
Besides seeking the removal of the allegedly offensive videos and similar content from digital platforms, the petitioner sought directions to the Union Government to formulate and implement appropriate guidelines to curb, regulate and prevent the publication, dissemination and circulation of content that is allegedly derogatory, offensive or insulting towards revered religious figures, including Prophet Muhammad and Bhagwan Shri Ram.
The plea also sought directions to ensure adequate safeguards against the intentional misuse of online platforms for outraging religious sentiments and promoting communal disharmony, as well as immediate identification, removal and deletion of the impugned videos and similar content from YouTube, Facebook, Instagram and X to prevent any untoward incident arising from their widespread circulation.
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