P. Nagaraj v. District Collector cum District Magistrate & Ors
In the High Court of Madras
H.C.P. 760/2020 & Crl. M.P. 4350/2020
Before Justice N. Kirubakaran and Justice V.M Velumani
Decided on July 10, 2020

Relevancy of the case: Quashing of a detention order in a case involving the sharing of fake news related to Covid-19 on WhatsApp

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 63)
• The Indian Penal Code, 1860 (Section 291, 271, 501(1)(b))
• The Copyright Act, 1957 (Section 51(a), 63(a))
• The Tamil Nadu Legislative Council (Abolition) Act, 1986 (Section 2)

Relevant Facts of the Case

• The petitioner filed this petition challenging his son’s detention order. He was labelled a “Cyber Law Offender” in the detention order for disseminating false information using electronic media such as WhatsApp.
• The allegation against the detenu is that he and his friends shared a WhatsApp fake message. This fake message claimed that the administration quarantined 24 persons after contacting Coronavirus. The detenu appears to have done this to cause annoyance, discomfort, and danger by using the logo of a news channel. While the allegations are of the Information Technology Act, 2000, the authorities filed an FIR under the Indian Penal Code, 1860 and the Copyright Act, 1957.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that there were no charges filed against the detenu under the IT act. Yet, the administration is labelling him a cyber law violator. The detaining authorities’ lack of application of mind in the detention order is evident. Therefore, the court shall nullify the detention order.

Opinion of the Bench

• The detaining authorities did not apply their mind while branding the detenu. As the administration did not rely on the relevant provisions of the Information Technology Act, 2000, they cannot label the petitioner’s son as a cyber law violator.
• The perpetrator is evading detention due to a failure on the part of the police authorities to register the case as per proper legal provisions. The authorities must register the FIR under the correct provisions of law.

Final Decision

• The bench granted the petition and ordered the immediate release of the detainee.