IN THE HIGH COURT OF GUJARAT, AT AHMEDABAD DISTRICT: AHMEDABAD

CIVIL APPLICATION NO. 9225 OF 2016 IN WRIT PETITION (PIL) NO. 185 OF 2016

An application for joining of party; And

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In the matter between;

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1. Samyak Sanjay Deora Age: 25 Years, Occupation: Industrialist Residing at: ‘Deora Avenue’, Mithakhali Six Roads, Navrangpura, Ahmedabad – 380009

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2. Mahim Jayant Sharma Age: 21 years, Occupation: Student Residing at: B-201 Simandhar Towers Behind Platinum Plaza, Vastrapur, Bodakdev, Ahmedabad-380054 3. Arjun Singh Rathore Age: 23 years, Occupation: Student Residing at: B-41, Shantam Tower, New Mental Road, Behind Civil Hospital, Shahibaug, Ahmedabad 4. Luv Sanjay Shah Age: 21 years, Occupation: Student Residing at: 901, Elegance Apartment, Near C.N. Vidhyalaya, Ambawadi, Ahmedabad …Applicants (Proposed respondents)

Versus 1. Alay Anil Dave, Sex: Male, Age: 25 years Residing at: 4, Mahagujarat Society, Opp. GHB Complex, Ankur, Naranpura, Ahmedabad – 380013 District: Ahmedabad 2. The Union of India Represented by its Secretary Ministry of Home Affairs, Union Secretariat, New Delhi.

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3. The Union of India Represented by its Secretary, Ministry of Information & Broadcasting, Union Secretariat, New Delhi

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4. The State of Gujarat, Represented by its Secretary, Department of Home Affairs, Secretariat, Gandhinagar

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5. The State of Gujarat Represented by its Secretary, Ministry of Information & Broadcasting Union Secretariat, Gandhinagar

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6. Niantic Inc. 2 Bryant Ste. 220 San Francisco, CA 94105 Email address: [email protected] Telephone number: (415) 570-8871 … Opponents (No. 1- Ori.Petitioner Nos.2 to 6 – Ori. Respondents) To, The Hon’ble Chief Justice and Other Hon’ble Judges, High Court of Gujarat, Sola, Ahmedabad. The humble application of the applicants above-named;

MOST RESPECTFULLY SHEWETH THAT: 1.

The applicants are filing the present application for being impleaded as party respondents in Writ Petition (PIL) No. 185 of 2016 which has been filed by opponent No.1 herein inter alia praying for a ban on the ‘Pokemon Go’ game. It is stated that the present applicants are directly affected if any relief is granted to the main opponent No.1 and therefore, the applicants herein be joined as party

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respondents in the main petition, in the interest of justice.

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A copy of the order of this Hon’ble Court dated

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07.09.2016 is annexed hereto and marked as “Annexure-

The applicants submit that the aforesaid PIL is filed before this Hon’ble Court praying inter alia that a globally

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2.

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renowned and successful augmented reality game titled ‘Pokemon Go’ be banned on the ground of violation of religious sentiments of the Hindu community. It is submitted that the present applicants are genuine gamers and gaming enthusiasts and thus it is submitted that the applicants have a direct interest and are required to be joined as party respondents.

3.

It is submitted that the present applicants being avid gamers would therefore, be in a position to assist this Hon’ble Court with respect to the various technical grounds raised by the opponent No.1 highlighting possibilities of threat to privacy and security of the users who play the game. It is submitted that the applicants being regular gamers would be able to assist this Hon’ble Court by pointing out various other similar games which

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have been a subject matter of harsh criticism due to

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extreme violence, disturbing imagery and obscene content, but have nevertheless never been interfered with

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It is further submitted that the applicants being regular gamers and having basic knowledge of the technology used in developing such games, will be able to render

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4.

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by any authority.

assistance to this Hon’ble Court pertaining to the arguments of the opponent No.1 with respect to the possible

misuse

of

the

geo-location

feature.

The

applicants submit that if the present application is allowed,

the

applicants

will

be

in

a

position

to

demonstrate before this court that on a bare perusal of the terms and conditions of the game, it becomes amply clear that the game only uses the location information which is required for a smooth gaming experience and

does not share the location information with any other unnecessary party.

5.

It is submitted that if impleaded as a party respondent, the present applicants being regular gamers will be in a position to represent the sentiments of the gaming community in general and urge this Hon’ble court to dismiss the main petition in limine.

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6. It is submitted that apart from being regular gamers, the

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present applicants are citizens of India and applicant No.1 is a follower of Jain religion while Applicant Nos. 2-4 are

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followers of Hindu religion; and are thus praying before

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this Hon’ble Court to implead themselves as respondents

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in the abovementioned PIL. The applicants submit that if

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impleaded as a party respondent, the applicants by way of several screenshots of the game and other evidence, will make an attempt to demonstrate before this Hon’ble court that an augmented reality game depicting virtual eggs around a place of worship cannot be superimposed and inferred as a violation of religious sentiments,

7.

It is submitted that after the said matter was filed, this Hon’ble Court has issued notice on 07.09.2016. It is submitted that the Respondent No.6 Company (Original

Respondent No. 5) is the developer of the game and is headquartered in San Francisco, USA. It is submitted that since the Respondent no. 6 Company is not subject to the territorial jurisdiction of this Hon’ble Court, it may choose to not contest the said matter. The present applicants being regular and ardent gamers and gaming enthusiasts will be in a position to demonstrate the baseless and tenuous nature of the arguments advanced by the

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opponent No.1 and would be able to render assistance to

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this Hon’ble Court on various technical and other aspects

8.

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of the arguments raised by the opponent No.1.

The applicants submit that the present application for

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impleadment is filed in general public interest and not at the behest of any other individual or company. That the

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entire cost of this application, including advocate fees is borne by the applicants themselves.

9.

The applicants submit that the opponent no. 1 has not come before this Hon’ble Court with clean hands. The applicants submit that the opponent No.1 has not truthfully revealed that the Game which he intends to get banned viz. the Pokemon go game has not yet been launched in the country and hence, it does not have any legal sanction so far as the territory of India is concerned. It is submitted that the opponent no. 1 has annexed a few

screenshots of the game in the main petition, depicting places of worship as ‘Poke stops’. It is respectfully submitted that as stated above, since the game has not been launched in India, the screenshots produced by the opponent no. 1 are highly unreliable and do not have any evidentiary value. The applicants therefore submit that the Writ Petition No. 185/2016 is a premature petition.

The applicants submit that the opponent No.1 has not

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adduced any evidence with regard to their averment on

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conspiracy theories and are trying to influence the court

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with a bogus argument. The applicants submit that it is a matter of common knowledge that several fake news and

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hoax stories regarding the danger in playing the game had stormed the internet soon after the launch of the game possibly due to the desperate efforts of conspiracy

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10.

theorists and business rivals. It is submitted that there were/are several baseless conspiracy theories published by unreliable sources on the internet, some of which have been cited and relied upon by the opponent no. 1. It is respectfully submitted that this Hon’ble court should not take into consideration such averments, which are made on the basis of hoax stories and conspiracy theories which are unsubstantiated, baseless and unreliable. Copies

of

the

documents

in

support

of

the

abovementioned contention are annexed hereto and marked as Annexure – B Colly.

11.

The applicants submit that the Pokemon Go game is a revolution in the augmented reality gaming industry and is one of its kind. It is submitted that the game being a novel concept, has many advantages and benefits. Just like with every new concept, it has faced some criticism, but

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at the same time, it is submitted that many people in the

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gaming community, scientists, doctors etc. have praised the game and its advantages to one’s health, social

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interaction and overall well-being. It is submitted that the

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game enshrines a novel concept which breaks the

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embargo of traditional gaming wherein one is required to

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be glued to a television or a computer screen or a gaming device. The game in turn revolutionizes traditional gaming by requiring users/ players to compulsorily walk and get out of their house in order to succeed to higher levels in the game. Copies of documents in support of the above contention are annexed hereto and marked as Annexure – C Colly. 12.

The applicants submit that the depiction of eggs at ‘poke stops’ which usually include places of common gathering such as parks, landmarks, including religious places, cannot be inferred as a violation of religious sentiments. It

is submitted that the game depicts virtual eggs which eventually hatch virtual creatures called Pokemon, which do not exist in the real world. As elucidated above, the concept of the augmented reality game is to make its players walk and go out of the house as opposed to traditional gaming. Resultantly, the players are required to walk for a distance of 2-10 km. for hatching every egg they collect from the poke stop and it is only after they

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have walked the distance from the poke stop will the egg

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be hatched. It is submitted that the collection of eggs from the poke stop, which include religious places, are strictly

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virtual. One does not need to go inside the temple to

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collect the egg, neither does the game show any pictures

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of religious idols or deities in the poke stop. At the cost of

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repetition, it is humbly submitted that that virtual depiction of eggs cannot be treated as violation of sentiments in the religious world, as the game is meant to be played as a virtual augmented reality game.

13.

The applicants therefore submit that the applicants have preferred the present application for being joined as party respondents-intervenor in the Writ Petition(PIL) No. 185/2016 since the applicants herein are a necessary and proper parties in the main petition

14.

The applicants submit that save and except as stated hereinabove the applicants have not preferred any other application before any other Court including this Hon’ble Court or the Hon’ble Supreme Court of India with respect to the subject matter of this application.

The applicants, therefore, humbly pray that this Hon’ble Court be pleased–

To allow the present application;

(B)

To implead the applicants as party respondents in

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(A)

Writ Petition (PIL) No. 185 of 2016 and pass all

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other consequential orders;

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15.

(C)

Pending admission, hearing and final disposal of the present application, to implead the applicants as party respondents in Writ Petition (PIL) No. 185 of 2016;

(D)

to pass such other and further order(s) as may be deemed just and proper in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPLICANTS SHALL AS IN DUTY BOUND FOR EVER PRAY.

Place:Ahmedabad Date: 19.09.2016

_______________________ (TIRTH N. BHATT) (NIMIT Y. SHUKLA) (SAIRICA S. RAJU) Advocates for the Applicants

AFFIDAVIT

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I, ________________ Son of ______________________,

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aged __years, by religion __________, the applicant No.__

1.

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herein, do hereby solemnly affirm and state as under: I am applicant No.___ and am conversant with the facts

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and circumstances of the case and am competent to

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depose that what is stated in the application is true to the

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best of my knowledge, belief and information and I believe the same to be true.

2.

I have gone through a copy of the application and I solemnly affirm that what is stated in paras __ to ___ is true to my own knowledge and what is stated in para ___ to ___, ___ to ___ is true to the best of my information and belief and I believe the same to be true and what is stated in paras (__) to (__) of grounds are submissions of law and para no.___ is the prayer.

3.

I state that the annexures produced with the application are true copies of their originals Solemnly affirmed at Ahmedabad on this ___ day of September, 2016

Place: Ahmedabad Date: 19/09/2016

_____________________ DEPONENT

Identified by me,

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Advocate