K'taka HC dismisses Twitter petition challenging Centre's blocking orders; imposes Rs 50 lakh cost
Bengaluru (PTI): The High Court of Karnataka on Friday dismissed a petition filed by Twitter Inc., challenging several blocking and take-down orders issued by the Ministry of Electronics and Information Technology, saying the company's plea was devoid of merits.
The single-judge bench of Justice Krishna S Dixit which dictated the operative portion of the judgement also imposed a cost of Rs 50 lakh on Twitter and ordered it to be paid to the Karnataka State Legal Services Authority within 45 days.
Reading the operative portion, the HC said, "In the above circumstances this petition being devoid of merits is liable to be dismissed with exemplary costs and accordingly it is. Petitioner is levied with an exemplary cost of Rs 50 lakh payable to the Karnataka State Legal Service Authority, Bengaluru, within 45 days. If delay is brooked, it attracts an additional levy of Rs 5,000 per day."
"I am convinced with contention of the Centre that they have powers to block tweets and block accounts," the judge said while dismissing Twitter's petition.
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Broken relationships don't automatically amount to abetment of suicide: SC
New Delhi (PTI): Broken relationships, while emotionally distressing, do not automatically amount to abetment of suicide in the absence of intention leading to the criminal offence, the Supreme Court on Friday said.
The observations came from a bench of Justices Pankaj Mithal and Ujjal Bhuyan in a judgement, which overturned the conviction of one Kamaruddin Dastagir Sanadi by the Karnataka High Court for the offences of cheating and abetment of suicide under the IPC.
"This is a case of a broken relationship, not criminal conduct," the judgment said.
Sanadi was initially charged under Sections 417 (cheating), 306 (abetment of suicide), and 376 (rape) of the IPC.
While the trial court acquitted him of all the charges, the Karnataka High Court, on the state's appeal, convicted him of cheating and abetment of suicide, sentencing him to five years imprisonment and imposing Rs 25,000 in fine.
According to the FIR registered at the mother's instance, her 21-year-old daughter was in love with the accused for the past eight years and died by suicide in August, 2007, after he refused to keep his promise to marry.
Writing a 17-page judgement, Justice Mithal analysed the two dying declarations of the woman and noted that neither was there any allegation of a physical relationship between the couple nor there was any intentional act leading to the suicide.
The judgement therefore underlined broken relationships were emotionally distressing, but did not automatically amount to criminal offences.
"Even in cases where the victim dies by suicide, which may be as a result of cruelty meted out to her, the courts have always held that discord and differences in domestic life are quite common in society and that the commission of such an offence largely depends upon the mental state of the victim," said the apex court.
The court further said, "Surely, until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence under Section 306 IPC.”
The judgement said there was no evidence to suggest that the man instigated or provoked the woman to die by suicide and underscored a mere refusal to marry, even after a long relationship, did not constitute abetment.
