Institute of Legal and Management Studies

The Patna High Court on Wednesday (September 17) directed the removal of the AI-generated video posted by the Bihar Congress which features Prime Minister Narendra Modi and his late mother Heeraben Modi from all social media platforms.

The Court directed the intermediaries to stall the circulation of the video, if it is still being circulated, in the light of the various Supreme Court judgments such as "KS Puttaswamy", "NALSA Foundation", "Subramanian Swamy" etc, which held that the right to privacy and dignity were part of fundamental rights of a person.

"To avoid further damages, if any, respondents 6-8 are hereby directed not to circulate the subject video clipping from here afterwards until further orders to be passed by this Court," ordered the bench. Respondents 6 to 8 are Meta Platforms, Google India (YouTube) and X (Twitter) India.

A bench comprising Acting Chief Justice PB Bajanthri and Justice Alok Kumar Sinha passed the order in a Public Interest Litigation filed by one Vivekanand Singh seeking the removal of the video.

The Court also issued notice to the Union Government, the Bihar Government, the Bihar Pradesh Congress Committee, the Election Commission of India, and Rahul Gandhi.

The video in question showed Prime Minister Modi having a dream in his sleep where his mother appears to reprimand him for his policies. The petitioner argued that the video was "disgusting, disgraceful, distasteful and dishonouring" as it infringed the dignity of the Prime Minister's late mother. The petitioner submitted that the video was posted with the knowledge of Rahul Gandhi.

Senior Advocate Santosh Kumar, for the petitioner, submitted that the video coincided with the sacred period of pitru paksh where the Prime Minister was performing rituals for his late mother. He said that the video showed the PM's mother chiding him for his policies such as demonetisation. In his regard, he pointed out that the demonetisation policy was upheld by the Supreme Court. "Worst kind of calumny is inflicted upon the Prime Minister," he submitted.