The location of a person cannot be determined from a Facebook post – Delhi High Court

Delhi High Court: Allowing a lawyer’s plea against an order of the Intellectual Property Appellate Board (IPAB), the Delhi High Court has observed that the court cannot consider Facebook posts as determinant of a person’s location at a particular point of time. The court’s remarks came on a plea by a lawyer challenging an adverse order passed against him by the IPAB for “deliberate, false, irresponsible representation” seeking an adjournment in a case.

The IPAB had said that when an adjournment was being sought on the ground that the petitioner (lawyer), the “lead counsel” in the matter, was under quarantine and his office was closed due to COVID-19, it was shown to the Board that his Facebook posts According to him he was on leave. Justice C. Hari Shankar, in his order passed earlier this week, said the IPAB was “unnecessarily strict in referring the matter to the Bar Council of India in the circumstances”.

The court rejected the order of IPAB

The court said that it would be seen from the earlier orders in the matter that the petitioner was not the lead counsel and before passing any adverse view, the IPAB should have given an opportunity to the counsel to explain his stand. The judge said, “Posts on Facebook cannot be considered as determinant of the location of a person at a particular point of time, at least by a court.

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Even if the court takes an adverse view in that regard, the counsel should be given an opportunity to explain the position before taking such a view.” The court set aside the IPAB order and allowed the petition.

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