Delhi High Court: 'X' Corp does not perform 'Public Function', not amenable to writ jurisdiction

The Delhi High Court in the case Sanchit Gupta v. Union Of India And Anr observed and has ruled that X Corp, formerly Twitter, does not perform ‘public function’ or discharges public duty and is not amenable to writ jurisdiction under Article 226 of the Constitution of India.

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The bench headed by Justice Sanjeev Narula in the case stated that the social media platform operates as a ‘private entity’ under ‘private law’ and does not carry out any governmental duties or obligations.

The court stated that the function or service of providing a platform for communication or social interaction cannot be called a function which being similar to that of a governmental function or integral to state functions. Thus, it cannot be said that X Corp performs a public function or discharges a public duty.

The bench headed by Justice Narula in the case observed and has dismissed the petition filed by one Sanchit Gupta, a professional with degrees in both Technology and Law, against suspension of his account on X Corp.

The petitioner in the plea alleged that there was a breach of principles of natural justice, equity, and fairness.

Further, the plea also contended that he received notification from X Corp that his account’s monetization was paused due to suspension of his account.