Nitin Bhandari v. The Secretary, Ministry Of Road Transport And Highways,Transport Bhawan

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 17956/2019 Nitin Bhandari S/o Dr Dinesh Bhandari, Aged About 36 Years,Resident of K-29, Income Tax Colony, Durgapura, Tonk Road,Jaipur 302018. ----Petitioner Versus 1. The Secretary, Telecom Regulatory Authority of India,Mahanagar Door Sanchar Bhawan (Next to Zakir HusainCollege) Jawahar Lal Nehru Marg (Old Minto Road) NewDelhi 110002Mahanagar Door Sanchar Bhawan (Next to Zakir HusainCollege) Jawahar Lal Nehru Marg (Old Minto Road) NewDelhi 110002 2. The Secretary, Ministry of Road Transport and Highways,Transport Bhawan, 1, Parliament Street New Delhi -110001Transport Bhawan, 1, Parliament Street New Delhi -110001 3. The Secretary, Union of India, Ministry of Communicationand Information Technology, Sanchar Bhawan No. 20Ashoka Road New Delhi -110001and Information Technology, Sanchar Bhawan No. 20Ashoka Road New Delhi -110001 4. The Secretary, Ministry of Electronics and InformationTechnology, Government of India, Electronics Niketan, 6,CGO Complex, Lodhi Road, New Delhi - 110 003Technology, Government of India, Electronics Niketan, 6,CGO Complex, Lodhi Road, New Delhi - 110 003 5. The Secretary, Ministry of Information and Broadcasting,Shastri Bhawan, New Delhi - 110 001Shastri Bhawan, New Delhi - 110 001 6. The Secretary, Department of Information Technology andCommunication, Government of Rajasthan IT Building,Yojana Bhavan Campus, Tilak Marg, C Scheme, AshokNagar, Jaipur ,Rajasthan 302005Communication, Government of Rajasthan IT Building,Yojana Bhavan Campus, Tilak Marg, C Scheme, AshokNagar, Jaipur ,Rajasthan 302005 7. The Secretary, Ministry of Road Transport and Highways,Regional Office Ajmer Road, Opposite Element Mall, UmaColony Shanti Nagar, DCM, Jaipur, Rajasthan 302019Regional Office Ajmer Road, Opposite Element Mall, UmaColony Shanti Nagar, DCM, Jaipur, Rajasthan 302019 8. The District Collector, Collectorate, District Jaipur,RajasthanRajasthan 9. The Commissioner of Rajasthan Police, Commissionerate,Jaipur, RajasthanJaipur, Rajasthan 10. D.C.P. Traffic, Commissionerate, Jaipur, Rajasthan 11. Business Head (Ajit Mohan), Facebook India, One BKC,Bandra Kurla Complex, Bandra(E) Mumbai, MaharashtraBandra Kurla Complex, Bandra(E) Mumbai, Maharashtra 12. Business Head (Durgesh Kaushik), Snapchat India, Infinity Mall, Andheri (W), Mumbai, Maharashtra 13. Business Head (Abhijit Bose), Whatsapp India, One BKC,Bandra Kurla Complex, Bandra(E), Mumbai, MaharashtraBandra Kurla Complex, Bandra(E), Mumbai, Maharashtra 14. Business Head(Vishal Shah), Instagram India, One BKC,Bandra Kurla Complex, Bandra(E) Mumbai, MaharashtraBandra Kurla Complex, Bandra(E) Mumbai, Maharashtra ----Respondents For Petitioner(s) : Mr. Nitin Bhandari, petitioner in personperson HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYALOrder 15/01/2020 1.This writ petition (PIL) is filed by the petitioner seeking directions to the respondents in the following terms: “(i) the Respondents 1 to 10 may kindly be directedto take appropriate actions against Respondents 11 to14 and their men and ban these four social medianetwork application or online mobile application(App.) namely Facebook, Snapchat, Whatsapp andInstagram as they are providing a platform to theapplication users for posting Selfie videos which havebeen made by them while driving vehicles which isviolation of Motor Vehicles Act, 1988 by putting thelife at stake of so many other followers applicationusers that too just for their fun, entertainment andpersonal gratification as they should not be allowed toundermine or endangering, human lives. (ii) the respondents 11 to 14 with immediatedirections be stopped for uploading or posting ofvideos on their online mobile applications (App.)directions be stopped for uploading or posting ofvideos on their online mobile applications (App.) (ii) the respondents 11 to 14 with immediatedirections be stopped for uploading or posting ofvideos on their online mobile applications (App.)directions be stopped for uploading or posting ofvideos on their online mobile applications (App.) (iii) Any other suitable order or direction may also bepassed in the interest of justice.”passed in the interest of justice.” 2.The petitioner submitted that the social media mobile online applications (Apps.) user just for their fun,entertainment and personal ego are making selfie videos and also the other application users so called ‘followers’ aretrying to copy them by making these selfie videos whiledriving putting the life of so many other application users atstake and thus, their activity endangering human lives needto be stopped. It is submitted that use of mobile in makingof selfie videos while driving amounts to negligent drivingwhich is violative of the provisions of Motor Vehicles Act,1988. 3.A bare perusal of the writ petition reveals that thepetitioner has not even cared to look into the provisions ofInformation Technology Act and Rules & Regulations framedthereunder regulating the activities of the social media. Ifany of the social media is indulged in illegal activities, it isalways open for the petitioner to raise grievance in thisregard before the appropriate fora. We do not find any goodreason to entertain straight away the writ petition (PIL) filedbefore this Court and issue the general directions as prayedfor, to ban the social media network applications/onlinemobile applications namely, Facebook, Snapchat, Whatsappand Instgram. 4.No case for entertaining the writ petition (PIL) preferredby the petitioner claiming the relief as aforesaid, is madeout. 5.The writ petition is therefore, dismissed in limine. (MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J