Dhyan Foundation Vs Google LLC (Bombay High Court)
The petitions arose from orders passed by a Metropolitan Magistrate in proceedings initiated by the petitioner, a registered charitable non-profit organization engaged in animal welfare activities. The petitioner alleged that five videos published on YouTube, operated by Respondent No. 1, contained baseless, false, and defamatory imputations that tarnished its image and reputation.
Read SC Judgment in this case: SC Upholds Bombay HC: Magistrate Cannot Order Online Takedown Under Section 69 IT Act
The petitioner filed Miscellaneous Application No. 4907/2021 before the Metropolitan Magistrate, Ballard Pier, Mumbai. By order dated 31 March 2023, the Magistrate directed Respondent No. 1 to stop and remove the circulation of the defamatory videos. The State Government was also directed to correspond with Respondent No. 1 to ensure compliance with the rules framed under the Information Technology Act, 2000.
As the videos were not deleted, the petitioner initiated further proceedings (CC No. Misc/3800448/2023) seeking action for disobedience of the Magistrate’s order. Respondent No. 1 thereafter filed a Criminal Revision Application before the Sessions Court along with an application for condonation of 116 days’ delay. On 31 December 2024, the Additional Sessions Judge condoned the delay. The petitioner challenged this order in Writ Petition No. 760/2025, contending that the delay was condoned mechanically without sufficient cause.
