News By/Courtesy: Ayush Garg | 27 May 2020 19:11pm IST

HIGHLIGHTS

  • Delhi HC had earlier refused to entertain the same plea filed by BJP leader Ashwini Kumar Upadhyay by holding that linkage of social media accounts with Aadhaar was a matter of government policy
  • petition was an an attempt to eliminate fake accounts
  • -

The Supreme Court refused to consider a petition challenging the Delhi High Court's order requesting it to direct the social media account to link Aadhaar, PAN, or Voter ID card. The High Court was requested to give this instruction on social media to wipe out fake accounts.
However, a bench of Justice L Nageswara Rao allowed the petitioner, lawyer and BJP leader Ashwini Upadhyay to make himself a party to the transfer petition (of cases) filed by the Centre in the apex court. The lawyer argued through a video conference that the Centre had earlier demanded transfer of such cases from some High Courts to the apex court. "We see no reason to interfere with the order challenging the High Court order," the bench said. In this way, the special leave petition is dismissed. However, the petitioner (Upadhyay) is allowed to file an application to be made a party to the transfer case.
In its ruling last year, the Delhi HC had said that such a move would lead to the storage of personal information of genuine users on foreign servers. However, the petitioner argued that the Delhi High Court did not consider that there are over 35 Mn Twitter handles and approximately 350 Mn Facebook accounts use by Indian citizens. Of which 10% are fake, accounting for 3.5 Mn Twitter handles and 35 Mn Facebook accounts. The Delhi High Court has previously highlighted that any move such as linking social media accounts to government IDs needs a Personal Data Protection Bill, which has already been drafted but is yet to be tabled in the parliament.
The members of the bench include Justice Krishna Murari and Justice S. Ravindra Bhatt. It is noteworthy that Delhi High Court (on social media) refused to order Aadhaar, PAN (Permanent Account Number issued by Income Tax Department), Voter ID Card to be linked to social media account to wipe out the fake account.
The court had said that this would unnecessarily move the data of people with real accounts (who are more in number) abroad. Upadhyay had said in his petition that 20 percent of the accounts on social media were fake. He also alleged in the petition that fake social media accounts are used to disseminate fake and paid news during elections.

THIS ARTICLE DOES NOT INTEND TO HURT THE SENTIMENTS OF ANY INDIVIDUAL, COMMUNITY, SECT, OR RELIGION ETCETERA. THIS ARTICLE IS BASED PURELY ON THE AUTHOR'S PERSONAL VIEWS AND OPINIONS IN THE EXERCISE OF THE FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 19(1)(A) AND OTHER RELATED LAWS BEING FORCE IN INDIA, FOR THE TIME BEING.

Section Editor: Pushpit Singh | 03 Jun 2020 14:24pm IST


Tags : Supreme Court, Social Media

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