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2018 SCC OnLine TDSAT 746

In the Telecom Disputes Settlement and Appellate Tribunal

(BEFORE SHIVA KIRTI SINGH, CHAIRPERSON AND A.K. BHARGAVA, MEMBER)

Indian Institute of Information Technology … Petitioner;

Versus
Http://Www.Causes.Com/Causes/599872?AS … Respondent.
Cyber Appeal/6/2011
Decided on July 31, 2018
ORDER
Mr. Vakul Sharma, Advocate appears on behalf of Ministry of Information
Technology, Department of Information Technology.
The records show that notice issued upon the appellant Indian Institute of
Information Technology, Allahabad was delivered on 11.7.2018 but nobody appears on
behalf of Appellant inspite of such notice.
With the help of Mr. Vakul Sharma, we have gone through the Memo of Appeal. It is
noticed that the appellant has not approached any original authority and there is no
impugned order available on the records. The prayer made in the Memo of Appeal
discloses that main relief which the appellant seeks is a direction to the appropriate
authorities including Department of Information and Technology to block the entire
content of certain social networking sites and blogs. It further appears that an order to
this effect was passed by the then Cyber Appellate Tribunal in this appeal on
27.6.2011.
That order was challenged by the Director, Department of Information and
Technology before the Hon'ble High Court of Delhi through FAO 427/1011. The
appellant did not appear to contest that petition and the same was allowed on
16.5.2014. That order discloses that the Hon'ble High Court accepted the plea of
Director, Department of Information and Technology that the department had limited
powers to block such sites under Section 69A of the Information Technology Act,
hence the conditions precedent for exercising power under that provision were not met
out in this case.
The aforesaid findings and reasonings appearing in the order of Hon'ble High Court
of Delhi directly affect the merits of this appeal. The relief sought by the
Appellant/Petitioner cannot be granted because the conditions precedent for exercise
of the statutory power to block such sites are not made out in this case when
considered in the light of provisions under Section 69A of the Information Technology
Act. It also appears that the appellant/petitioner has lost interest in the matter and
did not contest the petition before the High Court of Delhi also.
For all the aforesaid reasons, this Cyber Appeal is dismissed.
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