The Supreme Court on Monday refused to entertain a plea by a BJP leader seeking a study to see if there exists a link between pornography and sexual abuse cases, saying it has to tread a ”very careful path” as what the petition is advocating is some kind of a surveillance.
The apex court bench comprising Chief Justice U U Lalit and Justice S R Bhat said the government has ”enough arsenal” in law to block offensive material on internet.
”We have to tread a very careful path here because what you are advocating is ultimately some kind of a surveillance and maintenance of data,” the bench observed.
The top court was hearing a plea filed by advocate Nalin Kohli, a BJP spokesperson, who later withdrew the petition.
During the hearing, Justice Bhat referred to a verdict of the Supreme Court of the USA on a petition seeking certain restrictions on the internet. He said one of the judges there observed ”we cannot set the house on fire to roast a pig”.
”This is a tiger. If it gets loose, then how do we control that?” the apex court bench observed.
During the hearing, Kohli referred to an incident in Assam where a ”direct link” was found between pornography and sexual assault on a six-year-old victim girl.
”When there is a content, which is child pornographic content, that itself is offence,” the court observed, noting the directions passed by court should be implementable.
It remarked the issue of a link between viewing pornographic material and commission of a crime is case specific.
”Nalin Kohli, the petitioner who is appearing in person, seeks leave of this court to withdraw the instant petition. The writ petition is dismissed as withdrawn accordingly,” the bench said in its order.
