User not named in FIR cited by police: Telangana HC quashes police notice seeking X account details

The Telangana High Court has quashed a notice issued by Hyderabad police to social media platform X asking it share various details about an account in relation to an attempt to murder case [P Rajgopal v The State of Telangana].

Justice T Madhavi Devi found that there was no reference to this particular X user in the First Information Report (FIR) in the attempt to murder case.

Therefore there was no basis for the issuance of the notice under Section 94 of Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court held. It proceeded to set aside the police notice.

"The respondents are therefore directed not to take any coercive steps against the petitioner without any basis for the same and without following due process of law,” the Bench added in its August 7 order.

The notice issued to X on August 6 related to the X handle @rajkarsewak. It was challenged by one P Rajgopal, who said the police action was illegal, arbitrary and without jurisdiction. 

The police had sought the account-related basic user information, registration details, linked mobile number, linked e-mail ID, particulars of devices used/logged in and IP logs in connection with the case registered at Faraknuma police Station, Hyderabad.

Rajgopal’s counsel said the details of the X account are already mentioned in the notice issued to the intermediary and therefore there was no point in requesting the platform to furnish further information.

It was also submitted that the criminal case itself does not refer to the petitioner as an accused. Rajagopal further raised apprehensions that the police may try to implicate him in the case without any basis. 

After considering these submissions, the Court proceeded to quash the police notice. It also cautioned the authorities against taking any coercive action against Rajagopal without any basis or without following the due process of the law.

Advocate Vadeendra Joshi represented the petitioner.

[Read Order]