‘Touched chord with India’s youth’: Why Abhijeet Dipke wants Cockroach Janta Party X account restored

Justice Purushaindra Kumar Kaurav heard Abhijeet Dipke’s plea over CJP’s withheld X account.

Grounds raised in petition

• The blocked X account is a satire, and the same is clear from the name of the party, the criteria for eligibility and its manifesto.
• These accounts have touched a “chord” with the youth of the country and the issues it is bringing up, including rising unemployment, the cancellation of the NEET examination and student suicides.
• The blocked X account is serving as an outlet for the youth to raise their grievances and communicate them to the central and state governments.
• Abhijeet Dipke has not monetised the blocked account, and he has clearly stated that they firmly believe in the Constitution and work towards protecting its values.
• Dipke is the identifiable originator and operator of the X account bearing the handle “@ CJP_2029”, yet no notice, show-cause communication, or opportunity of hearing was ever provided before blocking the said account.
• The blocking of an X account amounts to a prior restraint as it restricts speech and expression.
• Under the Indian constitutional scheme, prior restraints carry a high burden and cannot be justified based on a far-fetched nexus or an apprehension of danger.
• Satire is a known and accepted form of criticism and debate. It is a form of social commentary that is not liable to restriction under any grounds mentioned under provisions of the Constitution.
• Satire, as explained by the court, consists of ironic statements of fact that no reasonable listener would believe to be stating facts.
• The Information Technology  Rules, 2009, should not be used as a tool to shrink the space and outlets available for citizens to express their opinions to the government in the hope of a constructive dialogue.
• The continued blocking of the account has resulted in a violation of the fundamental rights of Abhijeet Dipke guaranteed under the Constitution.
• The blocking of the account has severely restricted Dipke’s ability to communicate with the public and participate in democratic discourse, thereby causing serious prejudice.
• If any state action infringes fundamental rights, reasons must be provided to the citizen. However, the authorities concerned have not yet provided such reasons, if they have been recorded in writing.
• The provisions of Section 69A of the Information Technology Act, 2000, provide for the blocking of “information generated, transmitted, received, stored or hosted in any computer resource”. It was emphasised that the provision does not confer a general power to prohibit a citizen from speaking in future through a particular account or handle.
• The Information Technology Act, 2000, permits blocking of information only where it is ‘necessary or expedient’  in the interest of sovereignty and integrity of India. The plea then pointed out that an account-level block suppresses all past and future speech through the account.
• A user account with an intermediary or publisher includes profiles, accounts, pages, handles and other similar components and is distinct from “information”, under IT Rules, 2021.

Creation to withholding of X account

Chief Justice of India Surya Kant’s remarks on May 15 triggered a row by linking some unemployed youth in law to “cockroaches”, stating that “some become media… social media… RTI activists” and “start attacking” the “system”, prompting the creation of the online campaign under the social media name, ‘Cockroach Janta Party’.

Dipke, on May 16, had created an X account bearing the handle “@CJP_2029” under the profile name “Cockroach Janta Party” as a socio-political satire. The account was created with the intention of engaging with youth.

On May 21, Dipke received an email communication from X, informing him that his account had been withheld in India pursuant to a blocking order issued by the Ministry of Electronics and Information Technology.

Consequently, Dipke, on May 22, requested clarification through an email regarding the reasons for such blocking, along with reconsideration and restoration of access to his account in India.

Aggrieved by the arbitrary blocking of his account and denial of procedural safeguards, amounting to a violation of his fundamental rights, he filed a petition before the Delhi High Court on May 25.

On May 25, Chief Justice of India Surya Kant asked a lawyer not to take the issue over the CJP “sentimentally”. The lawyer was mentioning a PIL, accusing the CJP of spreading “malicious narrative” against the judiciary.

Who is Abhijeet Dipke?

A permanent resident of Maharashtra, Dipke is an Indian citizen who is actively engaged in journalism, communications, public relations and sociopolitical discourse. He has allegedly been actively disseminating information, views and commentary relating to socio-political developments, public affairs and matters of public importance in satirical and parody form since January 2014 and has reportedly never monetised his content using the online platforms.

Dipke allegedly acquired substantial experience in digital communications, political outreach and public engagement through online platforms and between the years 2020 and 2023, he was associated with a political party’s social media team as a digital media strategist. In this role, Dipke was involved in various activities including digital outreach, online public communication and dissemination of political and public-interest content.

He claimed that he utilised online platforms as a medium for peaceful civic engagement, expression of opinion, and dissemination of satirical and political commentary concerning matters affecting young citizens and the public at large.

He has pursued his higher education in the USA after completing his undergraduate studies in journalism from Pune. Dipke recently graduated with a master’s degree in public
relations from Boston University.