Delhi HC to order Centre's decision on removing anti-Sai Baba videos

The Delhi High Court will issue an order instructing the Central government to decide on the removal of allegedly derogatory and inflammatory online videos and content concerning spiritual leader Shirdi Sai Baba, following a plea by the Shirdi trust.

The Delhi High Court on Tuesday said it would pass a detailed order directing the Centre to take a decision on the removal of allegedly derogatory and inflammatory videos and other online content concerning spiritual leader Shirdi Sai Baba.

Justice Swarana Kanta Sharma, while hearing the matter, said the detailed order would also specify the timeline within which the Central government is required to take a decision. The Court was hearing a plea by the Shri Saibaba Sansthan Trust, Shirdi, which administers Sai Baba's Samadhi Temple, seeking removal of identified YouTube videos, articles and other online publications that the Trust claims are derogatory, inflammatory and capable of provoking religious hostility.

Derogatory Content and Allegations

According to the petition, several videos and posts portray Sai Baba as "Chand Miyan", a "Jihadi", a British spy, murderer, rapist, dacoit and religious converter, among other allegations. The Trust has contended that the material is not bona fide historical discourse or fair criticism but contains unsubstantiated assertions presented as facts.

The Trust alleged that the content has been repeatedly uploaded, mirrored, republished and disseminated through multiple YouTube channels and anonymous or pseudonymous accounts, even after complaints were lodged. "The false, inflammatory, offensive and objectionable campaign is neither isolated nor accidental," the petition stated, alleging that the continued dissemination has the tendency to generate religious hostility and communal disharmony.

Challenges with Grievance Redressal

The Trust said it approached YouTube and Google LLC through the grievance redressal mechanism under the Information Technology Rules, identifying specific URLs, timestamps, transcripts and the allegedly objectionable portions of the content. However, according to the plea, the platforms declined to adjudicate upon the veracity of the allegations and directed the Trust to approach the uploaders or obtain an order from the High Court.

The Trust subsequently approached the Grievance Appellate Committee (GAC) and the Ministry of Electronics and Information Technology (MeitY), claiming that no effective relief was granted.

Plea Challenges Grievance Mechanism's Limitations

The petition also challenges the existing grievance redressal mechanism, particularly the restriction limiting descriptions or transcripts to 1,000 characters and submissions to five URLs at a time. The Trust has argued that these restrictions prevent complainants from placing lengthy and interconnected grievances, along with supporting material, before the platform.

Legal Recourse and Relief Sought

The Trust has sought directions for removal or disabling of access to the specifically identified URLs and publications, besides directions concerning the handling of such content and modification of the grievance mechanism. The plea invokes Article 25 of the Constitution, contending that continued availability of the material affects the freedom of conscience and the right of Sai Baba's followers to freely profess and practise their faith.

Senior Advocate Pramod Kumar Dubey, along with Advocates Saurav Agrawal, Ravi Sharma, Prachi Dubey, Rupraj Banerjee, Satyam Sharma, Harsh Khabar, Tushar Nair, Anusha Sinha, Aarya Bhat, Khushi Arora and Devangana Mishra, appeared for the Shri Saibaba Sansthan Trust. (ANI)

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