hc order internet user october 2013

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  • 8/12/2019 HC Order Internet User October 2013

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    IN THE HIGH COURT OF DELHI AT NEW DELHIW.P.(C) 3672/2012 and CM Nos.7709/2012, 12197/2012 and 6888/2013

    K.N. GOVINDACHARYA ... Petitioner

    Through: Mr Virag Gupta, Mr Vikas Chandra and Mr Kundan Lal, Advocates.

    versus

    UNION OF INDIA and ORS ... Respondents

    Through: Mr Rajeeve Mehra, ASG with Mr Sumeet Pushkarna, CGSC and

    Mr Gaurav Sharma, Advocate for R-1 Mr Akhil Anand, Mr Praveen Sehrawat

    and Ms Priyadarshni Banerjee, Advocate for Google India/R-3. Mr Arvind

    Nigam, Mr Ankit Relan and Neel Mason, Advocate for R-10.

    CORAM:

    HON'BLE MR. JUSTICE BADAR DURREZ AHMED

    HON'BLE MR. JUSTICE VIBHU BAKHRU

    O R D E R

    30.10.2013

    We have seen the screen shots, which have been filed by Google Inc. as well as

    Facebook Inc. with regard to the provision for a Grievance Officer. We are satisfied

    that there is compliance by Google Inc. as well as Facebook Inc. with the provisions

    of Information Technology (Intermediaries Guidelines) Rules, 2011.

    With regard to the E-mail Policy which was to be finalized, Mr Pushkarna,

    learned counsel appearing on behalf of the UOI states that some more time would

    be taken in as much as, all the Ministries are being consulted before the E-mail

    Policy is finally put in place. We hope that the said policy will be put in place within

    four weeks from today. We also hope that the new E-mail Policy will adequately

    deal with the requirements of the Public Records Act, 1993.

    We also find that the provision with regard to the electronic signatures as

    contained in Section 3A of the Information Technology Act, 2000 refers to Schedule

    II which, till date, is blank. Mr Pushkarna shall take instructions in this regard as

    to whether and when, the Central Government is intending to bring out a

    notification as stipulated in the said provision so that electronic signatures are

    specified in Schedule II to the Information Act, 2000.

    If the respondents wish to file any additional affidavits, they may do so. We are

    also indicating that on the next date of hearing, we may be taking up the issue with

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    regard to taxation.

    Renotify on 12.12.2013.

    BADAR DURREZ AHMED, J

    VIBHU BAKHRU, J

    OCTOBER 30, 2013