Tamil Nadu govt opposes Facebook’s petition in Supreme Court
The state alleged that Facebook misrepresented the high court proceedings before the Supreme Court.Updated: Sep 13, 2019 01:07 IST
The Tamil Nadu government filed an application on Thursday, opposing Facebook’s plea last month in the Supreme Court , seeking to transfer a case pending in the Madras High court on the traceability of online crimes to the top court.
In its application, filed by the state’s additional advocate general, Balaji Srinivasan, Tamil Nadu also said the case wasn’t about the linking of Aadhaar to social media accounts, as Facebook had presented in the apex court, but about the traceability of online crimes and fake messages.
The state alleged that Facebook misrepresented the high court proceedings before the Supreme Court.
“The Transfer Petition filed before this Hon’ble Court is replete with false and misleading averments, in a blatant attempt to misguide this Hon’ble Court for oblique motives. While the Transfer Petition proceeds on the sole premise that the cases in the Madras High Court relate to mandatory linking of social media accounts with Aadhaar, it was a matter of record that the Court was only proceeding to ensure effective compliance with the Information Technology Act, 2000 and the Rules framed thereunder, and also for the perception and detection of crimes.”
Last month, the Supreme Court issued notice to the Tamil Nadu government and Centre on Facebook’s transfer petition, asking the top court to call for the case from the Madras high court and also other courts where similar issues have been raised. The court is likely to hear the transfer plea on Friday. While issuing the notice, it asked the high court not to pass final or effective orders.
To substantiate its application, the state presented statistical information in its application to argue that law enforcement agencies do not receive satisfactory responses when it comes to seeking information to the investigation of online crimes.
“The failure of these companies to comply in the past and unwillingness to comply in the future, is the sole reason that the instant transfer petition has been filed,” it said.
Arguing that the case in the high court was ripe for a final order, the state said: “In the absence of expeditious disposal of the instant matter, foreign companies such as the Petitioner would continue to operate in India without complying with or submitting to India law, the effect of which as evidence is increased lawlessness, greater difficulty in preventing and detecting crimes, and overall breakdown of law and order.”
First Published: Sep 12, 2019 23:44 IST