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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.
The Hindu
5 days ago
- Politics
- The Hindu
Delhi High Court declines to entertain plea for Gujjar Regiment in Army
The Delhi High Court on Wednesday (May 28, 2025) declined to entertain a public interest litigation (PIL) petition seeking a direction to the Centre for the creation of a Gujjar Regiment in the Army. Terming the PIL 'absolutely divisive', a Bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela asked the counsel for the petitioner to do some research before taking up such petitions. With the court cautioning the litigant of imposing costs, the counsel chose to withdraw the plea. 'After arguing at some length, the counsel for the petitioner states that she has instructions from the petitioner, who is present in the court, to withdraw the petition. The same is dismissed as withdrawn,' the court said. During the hearing, the Bench questioned the petitioner's counsel which provision of the Constitution, statute, or customary law conferred the right to form a regiment based on a particular community. The PIL was filed by Rohan Basoya, claiming that the Gujjar community has a well-documented history of bravery, having participated in various wars, including the 1857 revolt, Indo-Pak wars of 1947, 1965, 1971, Kargil war (1999) and counter-insurgency operations in Jammu and Kashmir. 'Despite this rich martial legacy, they [Gujjars] have not been accorded a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras,' the plea said. It added that the Indian Army has historically maintained ethnic-based regiments, recognising the contributions of specific communities to national defence. However, the exclusion of Gujjars from the system creates an imbalance in representation and violates their constitutional rights under Articles 14 and 16 of the Constitution, the petition said. 'The demand for a Gujjar Regiment has been raised before, yet no concrete steps have been taken by the government. Given the community's presence in border regions such as Jammu and Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar Regiment would also serve strategic military interests in counter-insurgency and border security operations,' the PIL plea said.
India Gazette
5 days ago
- Politics
- India Gazette
Delhi HC rejects PIL seeking formation of Gujjar regiment in Indian Army
New Delhi [India], May 28 (ANI): The Delhi High Court dismissed a Public Interest Litigation (PIL) on Wednesday that urged the Union of India and the Ministry of Defence to establish a Gujjar Regiment in the Indian Army. The bench, comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, emphasised that government policy mandates equal recruitment opportunities for all citizens, irrespective of class, creed, region, or religion. Expressing dissatisfaction with the plea, the bench criticised the petitioner's attempt to seek the formation of a regiment based on a specific caste. The bench questioned the legal and constitutional basis for the petition, asking the petitioner whether any law or provision in the Constitution grants the right to demand the formation of a separate regiment in the Army. The court emphasised that regiments are formed by integrating people from various regions and communities to uphold national unity. Acknowledging the court's objections, the petitioner's counsel opted to withdraw the plea. Consequently, the bench disposed of the matter, declaring it dismissed as withdrawn. During the hearing, Advocate Monika Arora, representing the Union of India, informed the court that since Independence, the government has maintained a policy of not forming new regiments based on specific communities, classes, religions, or regions to ensure equitable recruitment opportunities. She further highlighted that various petitions, VIP references, parliamentary questions, and private member bills have sought the creation of new regiments based on historical figures, national heroes, and regional identities. Still, the government has remained steadfast in its policy. Petitioner Rohan Basoya contended that the Gujjar community has a long-standing history of bravery, citing their participation in the 1857 Revolt, Indo-Pak Wars of 1947, 1965, and 1971, the Kargil War (1999), and counterinsurgency operations in Jammu & Kashmir. Despite this legacy, they have not been granted a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras. The plea further argued that the Indian Army has historically maintained ethnic-based regiments to recognise the contributions of specific communities to national defence. The exclusion of Gujjars, the petitioner asserted, creates an imbalance in representation and violates their constitutional rights under Articles 14 and 16 of the Indian Constitution. Establishing a Gujjar Regiment would provide equal opportunities, enhance recruitment, and strengthen national security. Additionally, the plea stated that the demand for a Gujjar Regiment has been raised multiple times, yet the government has taken no concrete steps. Given the community's significant presence in border regions such as Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar Regiment would also serve strategic military interests in counterinsurgency and border security operations. (ANI)
