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The Supreme Court today while tagging the Central Government's plea seeking transfer of cases challenging IT Rules, 2021 with case(s) pending on a similar subject matter before the Top Court adjourned the matter for July 16, 2021. 

A Division Bench of Justice AM Khanwilkar and Justice Sanjiv Khanna, while hearing the matter today said, "We're not passing any other orders except tagging it and directing to list the same before the appropriate bench. Let the same come up on July 16.”

Appearing for the Union, Solicitor General Tushar Mehta submitted that there were some matters in High Court where notice has been issued in the pleas challenging IT Rules, 2021 and thereafter sought for staying the proceedings challenging IT Rules, 2021 before various High Courts.

At this juncture, Justice Khanna said, our order dated March 23, 2021 in the plea filed by Justice for Rights India Foundation takes care of it. 

The new Intermediary Rules were challenged in separate petitions before the High Courts of Delhi, Madras, Bombay, Kerala and Karnataka on the ground which included, (1) Concept of Traceability is in violation of Right to Privacy under Article 21 (2) The Rules are ultra vires the Parent Act; IT Act, 2000. 

The Court thereafter while posting the matter for July 16, 2021 tagged the same with a batch of plea's on the issues concerning OTT guidelines filed by The Petitioner(s) is an NGO (Justice for Rights Foundation) with one of its objectives ‘To work for Protecting Human Rights and Fundamental Rights’ has taken up this issue affecting people at large.

Bench headed by Justice DY Chandrachud on March 23, 2021 stating that since notice had been issued on February 9, stayed the proceedings pending before High Courts including the petition before Punjab & Haryana High Court so far as the cases concerning regulation of Over The Top(OTT) platforms like Netflix, Prime Video, Disney Hotstar etc.

“There is no reason for the High Court's to continue hearing the cases,” Court said.

Recently, a Division Bench of Justice C. Hari Shankar and Justice Subramonium Prasad, had refused to pass any interim stay in pleas filed by The Quint and Foundation of Independent Journalism challenging the Intermediary Rules, 2021. 

In a most recent development, the Union Government has filed its affidavit before the Delhi High Court, seeking action against Twitter Inc. for not complying with the Intermediary Rules, as a Significant Social Media Intermediary.

Article 139A of the Constitution empowers the Supreme Court to Transfer to itself certain cases involving the same questions of law, pending before the Supreme Court and one or more High Courts OR Before two or more High Courts, on its own motion or an application made by the AG or by a party to any such case. 

The matter is expected to be taken up by appropriate bench on July 16, 2021.

Case Title: Union of India v. Foundation For Independent Journalism and Ors.