Lawstreet Journal

‘Cannot permit to give a purely contractual dispute the colour of a public function’ : Twitter to Delhi High Court in writ petition filed by Senior Advocate Sanjay Hegde for restoration of Twitter account

Lawstreet Journal 10 Jul 2021 12:27am

Image courtesy: Lawstreet Journal Judiciary ‘Cannot permit to give a purely contractual dispute the colour of a public function’ : Twitter to Delhi High Court in  writ petition filed by Senior Advocate Sanjay Hegde for restoration of Twitter account

Senior Advocate Sanjay Hegde filed a writ petition under Article 226 before the Delhi High Court seeking the restoration of his suspended Twitter account, invoking the High Court’s writ jurisdiction on the grounds that twitter imparts a public function and the nature of activities undertaken by Twitter is in furtherance of a Fundamental Right under Article 19(1)(a).

Twitter had blocked Hegde’s account in October 2019, for posting picture of August Landmasser, which was later unblocked and restored following a massive virtual uproar, Hegde’s account was again blocked by Twitter for sharing a poem titled,’ Hang Him’ which he had retweeted and was initially posted by Kavita Krishnan. Consequent to this, Hegde moved Delhi High Court contending that the said post did not violate any norms of Twitter’s posting norms.

Twitter, in its submissions before the Delhi High Court, claims that Twitter, through its platform is not discharging a public function and is therefore not mandated to comply with the writ jurisdiction in India under Article 226 of the Constitution of India.

Citing the observation made by the Supreme Court in Andi Mukta Sadguru v. V Rudani, (1989) 2 SCC 691 about the classification of ‘public duty’, the tech giant submitted that for an activity to be classified as a ‘public duty’, it is necessary that a positive obligation is cast to discharge that duty.

It further submitted that the services are subject to certain contractual terms and when operation of law is attracted by reason of a contract which a… Continue Reading...


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