Biju v. State Police Chief & Ors.
In the High Court of Kerala
W.P.(C) 29639/2017
Before Justice A. Hariprasad
Decided on October 13, 2017

Relevancy of the case: Writ petition after the concerned authority to take cognizance of obscene and abusive comments in a WhatsApp group

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Kerala Police Act, 2011 (Section 120(o))

Relevant Facts of the Case

• Some members posted obscene and abusive comments in a WhatsApp group in which the petitioner was a member.
• The same was brought to the notice of the District Police Chief (second respondent).
• He forwarded the matter to the Station House Officer (third respondent), who, as per Ext. P4 (copy of communication issued by the Station House Officer) informed the petitioner that the police could not take the case against the persons; however, the reason for the same was not clear.

Opinion of the Bench

• The court was of the view that the third respondent had not considered the legal provisions in Section 67 of the Information Technology Act, 2000.
• Similarly, he has not considered the scope of Section 120(o) of the Kerala Police Act, 2011.
• The statement in Ext.P4 was without application of mind and the relevant legal provisions. Thus, the Court directed the District Police Chief and the Station House Officer to determine the legal issues involved in this case and take appropriate action within one month.

Final Decision

• Petition allowed.

This case summary has been prepared by Mehula Liza Pallathu, an undergraduate student at the National University of Advanced Legal Studies, Kochi, during her internship with The Cyber Blog India in May/June 2021.