WhatsApp Group Administrator not Liable for Objectionable posts by Members

R. Rajendran Vs The Inspector of Police (Madras High Court)

The petitioner had formed a Whatsapp group in the name and style of ‘Karur Lawyers’.  He was the group administrator. In the said Whatsapp group, certain highly offensive messages were posted by one Pachaiyappan. A reading of the said messages would clearly cause ill-feeling between two communities. Therefore, the second respondent who is also a practising lawyer lodged information before the first respondent. That led to registration of the First Information Report in Crime No.484 of 2020 for the offences under Sections 153A and 294(b) of I.P.C. Contending that the petitioner was only a group administrator and he is no way responsible and he cannot be implicated as an accused, this criminal original petition has been filed.

The learned counsel appearing for the second respondent contended that the petitioner is lacking in bona fides. After the objections were raised, the petitioner removed the said Pachaiyappan from the Whatsapp group. He re-inducted him within a few days. According to the learned counsel, there was collusion between the petitioner and the said Pachaiyappan.

Madras HC followed Hon’ble Bombay High Court judgment reported in (2021) 2 AIR Bom R (Cri) 574 (Kishore V. State Maharashtra) and held that If the petitioner had played the role of a group administrator alone and nothing else, then while filing final report, the petitioner’s name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits.

FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT

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