Latest news with #DKUpadhyaya
Time of India
3 days ago
- Politics
- Time of India
Delhi High Court Seeks Response on Plea Challenging Notification Empowering Police to Issue Social Media Takedown Notices
New Delhi: Delhi High Court sought the response of LG VK Saxena on a plea challenging a notification issued by him empowering police to issue takedown notices for social media content. A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued a notice to LG and the union ministry of electronics and information technology, asking them to file replies within six weeks. The court listed the matter for further hearing on Sept 17. The bench was hearing a plea filed by the 'Software Freedom Law Center' challenging the legality and constitutional validity of the notification issued by LG that designated Delhi Police as the nodal agency under the Information Technology Rules, 2021, empowering it to issue takedown notices for online content. The notification empowers Delhi Police officers to issue takedown orders to social media companies and other intermediaries to remove illegal content under the Information Technology Act. Advocate Talha Abdul Rahman, appearing for the petitioner, submitted before the court that this designation has no basis in law. Neither Section 79 of the Information Technology Act nor the IT Rules, 2021 confer any authority to appoint such a nodal agency. The petition stated that allowing police officers to unilaterally issue takedown notices, without judicial or independent oversight, opens the door to unchecked censorship and arbitrary restriction of constitutionally protected speech. It added that such a move violates Articles 19 and 21 of the Constitution and contradicts the landmark judgments of the Supreme Court, which emphasise the need for legal safeguards and proportionality in actions impacting fundamental rights. "The statutory power to block or remove online content is exclusively vested in the central govt under Section 69A of the IT Act, read with the Information Technology Rules, 2009. The impugned notification, by granting these powers to the police, oversteps constitutional and statutory boundaries and is, therefore, ultra vires the parent legislation," the plea said.
India Gazette
4 days ago
- Politics
- India Gazette
Delhi HC seeks response on challenge to Delhi Police's online content takedown powers
New Delhi [India], May 29 (ANI): The Delhi High Court has issued a notice in response to a plea challenging a notification by Lieutenant Governor (LG) Vinai Kumar Saxena that grants the Delhi Police authority to issue takedown orders for online content on social media platforms. A division bench, comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, on Wednesday acknowledged the submission made by the Software Freedom Law Centre ( and sought responses from the LG Office and the Ministry of Electronics and Information Technology (MeitY), directing that they be submitted within six weeks. SFLC has contested the constitutional validity of the notification, which designates the Delhi Police as the Nodal Agency under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021), enabling it to issue takedown orders for online content. The petition argues that allowing police officers to independently direct content removal, without judicial or external oversight, risks enabling unchecked censorship and arbitrary limitations on constitutionally protected free speech. It was argued that neither the IT Rules, 2021, nor Section 79(3)(b) of the IT Act confer any authority for the establishment of a Nodal Agency, Nodal Officer, or any other positions specified in the contested Notification. Section 79 solely provides conditional immunity to intermediaries and delineates their due diligence responsibilities; it does not grant executive power to the State or Union to institute a mechanism for speech regulation or restriction. It was also contended that the authority to restrict access to online content falls exclusively within the purview of Section 69A, alongside the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (referred to as the 'Blocking Rules, 2009'). The Central Government has already exercised its authority to appoint a designated officer for issuing blocking orders through the formal implementation of these rules. The statutory framework does not envisage the establishment of any parallel or supplementary authority, particularly at the direction of a state-level executive. The plea stated that the IT Act does not provide for the creation or operation of a Nodal Agency in the manner proposed by the contested Notification. (ANI)
New Indian Express
4 days ago
- Politics
- New Indian Express
Delhi HC asks LG, Centre to reply to plea on online content takedown notices
NEW DELHI: The Delhi High Court has sought the response of the Lieutenant Governor on a plea challenging a notification issued by him empowering police to issue takedown notices for social media content. A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela issued notice to the LG and the Union Ministry of Electronics and Information Technology and asked them to file replies within six weeks. The court listed the matter for further hearing on September 17. The bench was hearing a plea filed by Software Freedom Law Center (SFLC) challenging the legality and constitutional validity of the notification issued by the LG that designated Delhi Police as the nodal agency under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, empowering it to issue takedown notices for online content. The notification empowers Delhi Police officers to issue takedown orders to social media companies and other intermediaries to remove illegal content under the Information Technology Act.
Hindustan Times
4 days ago
- Politics
- Hindustan Times
Delhi HC asks LG, Centre to reply to plea on online content takedown notices
New Delhi, The Delhi High Court has sought the response of the Lieutenant Governor on a plea challenging a notification issued by him empowering police to issue takedown notices for social media content. A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela issued notice to the LG and the Union Ministry of Electronics and Information Technology and asked them to file replies within six weeks. The court listed the matter for further hearing on September 17. The bench was hearing a plea filed by Software Freedom Law Center challenging the legality and constitutional validity of the notification issued by the LG that designated Delhi Police as the nodal agency under the Information Technology Rules, 2021, empowering it to issue takedown notices for online content. The notification empowers Delhi Police officers to issue takedown orders to social media companies and other intermediaries to remove illegal content under the Information Technology Act. Advocate Talha Abdul Rahman, representing the petitioner, contended that this designation has no basis in law and neither Section 79 of the Information Technology Act, nor the IT Rules, 2021 confer any authority to appoint such a nodal agency. "The statutory power to block or remove online content is exclusively vested in the Central Government under Section 69A of the IT Act, read with the Information Technology Rules, 2009. The impugned notification, by granting these powers to the police, oversteps constitutional and statutory boundaries and is, therefore, ultra vires the parent legislation," the plea said. It further said that allowing police officers to unilaterally issue takedown notices, without judicial or independent oversight, opens the door to unchecked censorship and arbitrary restriction of constitutionally protected speech. It contended that such a move violates Articles 19 and 21 of the Constitution and contradicts the landmark judgments of the Supreme Court which emphasise the need for legal safeguards and proportionality in actions impacting fundamental rights.
Time of India
5 days ago
- Politics
- Time of India
Delhi HC rejects 'divisive' PIL to create Gujjar Army regiment
Delhi high court NEW DELHI: Delhi high court on Wednesday rejected a PIL seeking a direction to the Union government to constitute a Gujjar regiment in Indian Army , and warned the petitioner that cost would be imposed for filing a 'divisive' petition. "There has to be a right vested in you either by any statute or any law or the Constitution. Which is the law that gives you the right to have such a regiment? Where is that right?" asked a division bench comprising chief justice D K Upadhyaya and Justice Tushar Rao Gedela. The petitioner, Rohan Basoya, argued that despite a rich martial legacy, Gujjars have not been accorded a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras. He submitted that the absence of a Gujjar regiment violates their constitutional rights. "The demand for a Gujjar regiment has been raised before, but no concrete steps have been taken by the govt. Given the community's presence in border regions like Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar regiment would also serve strategic military interests in counterinsurgency and border security operations," the plea said.
