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The Supreme Court on Monday strongly instructed the Tripura Government to implement its earlier order passed by the apex court, for not taking action against Journalist Samiullah Shabbir Khan who reported on Tripura violence and tagging the police in the same.

A bench of Justice DY Chandrachud and Justice Surya Kant noted that in case the orders are not complied, "We’ll ask your home secretary and officers to remain present before the court next time."

The bench was hearing the petition filed seeking quashing of FIRs filed against journalists and others for allegedly putting out a tweet on their twitter account on Twitter over violence in Tripura. The police were tagged with this tweet. However,  on 22 November 2021,  a communication was addressed from cyber crime to twitter Inc adverting to registration of FIR u/s 153,b.479, 474 and 13 of UAPA among others.

Counsel appearing for the petitioners submitted that, "Milords some petitioners are here and some cases are still to be listed, we are scrambling to mention the matter, the process has become punishment."

Whereas, the bench said ,"We had ordered for that no coercive step be taken”

However, Solicitor General Tushar Mehta interfered stating that, "I'll make sure that your Lordships orders are implemented and the sanctity of the order is maintained."

Background:

Counsel for petitioner had submitted that the communication has sought removal of certain contents, preservation of contents of the twitter account as on 1st October, user registration, browsing log, email, IP and mobile number. Alam submitted that writing about violence cannot attract any such offences.

The court on hearing the parties had issued notice in the petition and tagged the matter with  Writ Petition 470 of 2021 being similar in nature. The court further issued an ad interim direction restraining the Tripura Police Cyber Branch from acting on communication dated 22nd November 2021.

Case Title: Samiullar Shabbir Kahan Vs SI cyber police