Social Media Platforms Cannot Evade Indian Laws: Allahabad High Court

The Allahabad High Court has observed that social media platforms cannot claim immunity from Indian laws and must cooperate with investigation agencies acting under statutory powers, while expressing serious concern over the failure to make progress in an investigation into the alleged circulation of obscene videos on X.

A bench of Justices Ajay Bhanot and Divesh Chandra Samant made the observations while hearing a petition filed by Mithilesh Kumar seeking expeditious investigation into an FIR registered on December 10, 2025 under Section 67A of the Information Technology Act at Indirapuram Police Station, Ghaziabad.

Case Background

The matter had first come before another bench of the high court on April 28, 2026, when it was pointed out that more than four-and-a-half months had elapsed since registration of the FIR, yet the investigation remained incomplete.

Questioning the delay, the bench had remarked that it failed to understand the grounds on which the investigation had remained pending for such a long period. It directed the concerned Circle Officer and Investigating Officer to appear personally with the original case diary and file affidavits explaining why the probe had not reached its logical conclusion.

Subsequently, on May 6, another bench recorded the State's submission that the investigation would be completed within a month and warned that the concerned officers would have to appear again if the assurance was not fulfilled.

What did the court say about X's role in the investigation?

When the case was taken up again on July 2, the investigating officer relied on an affidavit stating that X Corp. had not provided the URL ID and IP address linked to the account from which the alleged obscene videos and photographs had been uploaded. According to the affidavit, the absence of this information had left the investigating agency unable to proceed further with the probe.

Taking note of this stand, the bench observed that the police investigation had "come to a standstill" because of the refusal of senior officials of the social media platform to cooperate.

"Non-cooperation of officials of the social media handle 'X' with police investigations in such matters cannot be countenanced by this court," the bench said, adding that "social media handles are not immune from accountability to Indian laws and investigation agencies acting in pursuance of powers vested by law".

Court further remarked that "the arms of the Indian law are long enough to reach any transgression and strong enough to bring the offenders to justice".

Observations against the police

The bench was equally critical of the investigating agency.

It observed that the investigating officer's affidavit appeared, prima facie, to be "an admission of policing failure". Court further said that responsible officials of X had, prima facie, "stonewalled the police investigations" while "the police investigations have abdicated their statutory duties".

According to the bench, such conduct would enable offenders to "cheat justice".

Directing further accountability, court ordered the Commissioner of Police, Ghaziabad to appear personally on the next date of hearing and explain the steps taken to ensure that officials of X cooperate with the investigation and are held accountable in accordance with law.

It also directed that a copy of the order be sent to the Uttar Pradesh Home Secretary and the Director General of Police.

The matter has been listed for August 12, 2026.

Case Title: Mithilesh Kumar v. State of Uttar Pradesh and 2 Others

Order Date: July 2, 2026

Bench: Justices Ajay Bhanot and Divesh Chandra Samant