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In continuation of yesterday’s hearing, the Bombay High Court today heard Additional Solicitor General Anil Singh’s argument, on behalf of the Union, in the matter of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) filed by petitioners the Leaflet, and Nikhil Wagle.

The matter was argued before the Division Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni.

The ASG highlighted before the Bench that after the new IT Rules has been implemented, there are 14 petitions filed in Delhi, Orissa, Madras, Kerala and Calcutta high courts seeking same relief. Only Kerala HC has stayed the new rules, he added.

Over this the Bench enquired whether any counter affidavit has been filed by the Union Before any High Court which didn’t stay the implementation of the new IT rules.

Replying to this it was submitted by the ASG that as mentioned yesterday, our petition seeking transfer of all these 14 matters to the Supreme Court is pending, we are yet to file our response before Madras High Court.

It was also highlighted before the Court that while staying new IT rules, Kerala High Court attributed no reason for taking such stand.

Pleading not to stay the new IT rules, ASG submitted before the Court that “most digital platforms have complied with the new IT rules. We have to file a common affidavit thus it is taking time because there are over 14 petitions in different High Courts,” he added.

Order

Having heard the contentions of both the parties, the Bench ordered ASG to file a short response before the Court by Thursday, 12^th August, stating why the new IT Rules should not be stayed.

The matter will be next heard on August 13.

(Case Title- Nikhil Mangesh Wagle v. Union of India & Ors. with Agij Promotion of Ninetee Nonea Media Pvt. Ltd. and Anr. vs. UOI and Anr.)