Chegudi Ashok Babu v. Karunakar Sugguna
(2016) 6 ALD 215 (DB) : (2019) 6 ALT 295 (DB)
In the High Court of Andhra Pradesh
WP (PIL) 80/2019
Before Chief Justice C. Praveen Kumar and Justice M. Satyanarayana Murthy
Decided on August 02, 2019

Relevancy of the case: Writ petition for a takedown of a short film’s trailer hurting religious sentiments

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 295A)
• The Constitution of India, 1950 (Article 25, 26, 19(1)(a), 19(2))

Relevant Facts of the Case

• The petitioners are priests in a Christian Church. They have filed this petition against a short firm’s producers along with public servants. According to the petitioners, the public servants did not take any action against the producers.
• The short film’s teaser has defamed the Christian religion, and it was not in accordance with the Bible.

Opinion of the Bench

• Based on the presented screenshots of the teaser, it is difficult to conclude that it points out a particular religion.
• While the petitioners filed a complaint with the police, their failure to take action does not equal the failure to conduct their duties.
• YouTube is an intermediary, and the court cannot hold the platform liable.
• The court noted that only remote danger is insufficient to order the writ of mandamus.

Final Decision

• The court disposed of the petition at the admission stage.