Social media platform X told the Delhi High Court on Friday that the notices directing it to block the handles of Internet Freedom Foundation (IFF) and Software Freedom Law Centre (SFLC) were sent by an imposter and not Delhi Police.
The submission was made before Justice Amit Mahajan during the hearing of petitions moved by IFF and SLFC challenging the notices stated to have been issued to X by Delhi Police.
The counsel representing X told the Court that the social media handles of IFF and SFLC will not be taken down.
"It was an imposter. We have done an internal investigation and it turn out this was an imposter. We have filed a complaint with Delhi Police," the counsel stated.
Considering the submission, the Court disposed off the petitions moved by IFF and SFLC.
One of the notices had alleged that the organisations published defamatory content against the Rashtriya Swayamsevak Sangh (RSS). It invoked Section 356 of the Bharatiya Nyaya Sanhita (BNS), which deals with criminal defamation.
The second notice covered 40 URLs, including 37 individual posts and the entire X accounts of the three entities (IFF, SLFC and Geo Blocked in India). It also sought the removal of posts by 16 other users who had commented on the controversy.
IFF and SFLC questioned the legality of the notices, arguing that criminal defamation is a non-cognisable offence and that the police cannot investigate it without a Magistrate's order. They also contended that seeking the removal of entire accounts was disproportionate and violated freedom of speech under Article 19(1)(a) of the Constitution.
In its petition, SFLC also said that it tried to verify the authenticity of the notices from the Delhi Police and X Corp, but communications to the email addresses mentioned in the notices were returned as "undeliverable".
It added that X provided no official response either.
"Petitioner No 1 [SFLC] also approached the Intelligence Fusion and Strategic Operations Unit of the Delhi Police seeking verification. However, no confirmation or clarification has been provided in this regard till the filing of the present petition," the plea stated.
X today clarified in Court that the notices were by an imposter.
Senior Advocate Akhil Sibal argued IFF and SFLC's case.
SFLC's plea was filed through advocate Nakul Gandhi. Advocates Jayant, Anushka Khaitan, Kabir Darshan Singh Prasanth Sugathan and Nayan Grover also appeared for SFLC.
Advocates Abhik Chimni, Pranjal Abrol, Pragya Jain, Rishav Ranjan, Sahil Mander, Gurupal Singh, Ayan Dasgupta, Moksha Sharma, Yashpriya Sahran and Rahul appeared for IFF.
Central Government Standing Counsel (CGSC) Ashish Dixit appeared for the Union of India.