Why interim stay should not be granted on implementation of IT Rules, HC asks Centre
Govt asked to file reply by August 12
The Bombay High Court has directed the centre to file a reply as to why an interim stay should not be granted on the implementation of the Information Technology (IT) Rules, 2021.
Hearing petitions filed by digital news portal The Leaflet and journalist Nikhil Wagle, a bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni has asked the centre to file its reply by August 12.
“File a short affidavit on why interim relief should not be granted,” the high court told the centre while adjourning the hearing to August 13.
The high court also hinted that it would add a rider if it decides to stay the implementation of the IT Rules. It also asked if the court could grant an interim stay provided the publishers agree not to publish anything in violation of the restrictions under Article 19 and the centre promising not to take coercive action against them under the new rules until the court gives its final decision.
“Suppose we accept your (petitioners’) argument and grant a stay. So the rules will remain in suspension. If you fail in the writ (petition) and rules are violated in the interim, you cannot use our orders to seek relief if you fail in the writs and the Union does not take any coercive action as per the new rules?” the high court said.
Appearing for The Leaflet, senior counsel Darius Khambata said the petitioners always adhere to the restrictions under Article 19 and oppose only the new rules which go beyond Article 19. “As long as Article 19 (2) is the only limit, there is no difficulty,” he added.
ASG Anil Singh opposed the court’s proposal by stating that the court should hear the final matter instead of granting an interim stay. To this, the bench told ASG that the operation of the new IT rules is causing the petitioners to “live in constant fear”.
The bench also pointed out that similar petitions opposing the new rules have been filed in high courts across the country, but the Union government was yet to file its replies.
The Leaflet has contended that the IT Rules 2021 are violative of Articles 14 (right to equality), Article 19(a) (freedom of speech and expression), and 19(1)(g) (freedom to practice any profession, or to carry on any occupation, trade or business).
In its petition, The Leaflet has contended that the new IT Rules 2021 are beyond the rulemaking power of the Central Government as the parent Act i.e., Information Technology Act, 2000 does not provide for anything which either seeks to regulate or enables the regulation of the ethics and digital content of online publishers.
The IT Rules 2021 have been challenged before Delhi, Bombay, Madras, and Kerala High Courts. The centre has filed a petition seeking transfer of all these cases to the Supreme Court. The Madras and Kerala High Courts have granted relief to Digital News Publishers Association (DNPA) and Live Law Media from implementing the IT Rules 2021.
