Bombay HC dismisses Sanatan Sanstha's 'sketchy' plea against Facebook for blocking its pages

Calling its petition challenging blocking of its pages by Facebook as "sketchy" and based on "unclear pleadings", the Bombay High Court bench in Goa on Monday, dismissed a petition filed by the Goa-headquartered Sanatan Sanstha, which had sought unblocking of three of its pages and to "allow publication of the petitioner's website" on the popular social media network.

The petition was filed by the Sanstha some months back, after Facebook blocked three pages uploaded by the Sanstha, around a decade after the pages were created citing violation of the social media site's "community standards".

"Even, otherwise, Mr. Punalekar (counsel for Sanatan Sanstha Sanjeev Punalekar) was unable to point out any provision under the Information Technology Act, based on which the petitioner could insist on maintaining a Facebook page on the platform provided by Respondents No.3 (Facebook India Online Services) and 4 (Facebook Inc.), without agreeing to be bound by the contractual terms that may have been proposed," the order said.

"Based on the sketchy and unclear pleadings in this matter, however, there is no case made out for grant of any declaratory relief in this petition," states an order of the Court's division bench headed by Justices MS Jawalkar and MS Sonak.

The Sanatan Sanstha in its petition had claimed that Facebook's right to edit and block pages on the social media site was "seriously prejudice the petitioner's right to equal treatment and the Petitioner's right to freedom of speech and expression" and pleaded to the Court to direct Facebook to unblock its three pages.

In response to the petition, Facebook had argued "in the realm of contract (with Facebook) and if at all the petitioner has any grievance, the petitioner will have to seek redressal before any appropriate forum which is empowered to adjudicate the disputes between the two private parties" and said that the High Court was not the appropriate forum to adjudicate the dispute.

In its order, the High Court bench also said that the pleadings made in the petition were linked to state policy matters and stated that "it is normally not for this Court to direct the Government to establish a mechanism to regulate the social media platform or provide some active, fast and cheap grievances redressal forum, as suggested by the petitioner".

Headquartered in Goa, the Sanatan Sanstha has been in the news over the last few years, after some persons linked to the Hindu organisation were accused in the murder of rationalists including Karnataka-based intellectuals MM Kalburgi and Gauri Lankesh.