38.6c New Delhi, India, Saturday, August 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Karnataka High Court issues notice to the Union on plea challenging provisions of New IT Rules 2021

By Celin Sunil      29 July, 2021 10:18 AM      0 Comments
Karnataka High Court issues notice to the Union on plea challenging provisions of New IT Rules 2021

The Karnataka High Court on Monday, July 26, 2021, issued a notice to the Union of India on a petition filed seeking declaration of Rule 3 (1) (d) and Rule 7 of the Information Technology (Intermediary guidelines and digital media ethics code, 2021), as ultra vires and unconstitutional and strike down the rules as it grants executive powers without adequate safeguards. 

A division bench of Justices Abhay Oka and NS Sanjay Gowda while hearing the petition issued the notice to respondents returnable on September 6. It directed the respondents to file their statement of objection to the petition by September 3.

The petition states that the Fundamental Rights provided by the Constitution of India are uniformly being upheld by all the organs- Legislative, Executive, and Judiciary, but time and again contrary measures taken and amendments made by these organs affect the Fundamental Rights.  One such recent amendment made by the Government is the IT rules 2021, which is in violation of Article 19 (1) (a) of the Constitution which guarantees Freedom of Speech and Expression to the citizens.

It is also claimed in the petition that respondents under the garb of regulating media and bringing in certain checks and balances want to indirectly curb, restrict and prevent the free circulation of information which is pivotal for the growth of any democracy.

Moreover, the petitioner has said that the general principle of law is that special law will prevail over the general law. However, rule 7 of the IT Rules 2021 has made an express provision that in event of any offences committed by defaulting parties the provisions of the IT Act 2000 as well as various offences of Indian Penal Code can also be registered.

The petitioner has sought for suspension of the rules 3 (1) (d) and Rule 7, and direction to respondents to not initiate any coercive action in the form of penalties, blocking of access as against the publishers, intermediaries and citizens for non-compliance of the IT rules 2021, by way of interim relief. Petitions have been filed in different High Courts challenging the IT Rules. The Central Government has approached the Supreme Court seeking to transfer the pleas to the Apex Court.



Share this article:



Leave a feedback about this
TRENDING NEWS

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM

TOP STORIES

sc-dismisses-plea-against-quashing-fir-in-case-of-suicide
Trending Judiciary
SC dismisses plea against quashing FIR in case of suicide of then MP Mohan Delkar

SC dismisses plea against quashing of FIR in ex-MP Mohan Delkar suicide case; Bombay HC’s 2022 order stands, no interference by Supreme Court.

18 August, 2025 12:21 PM
no-automatic-arrest-on-rejection-of-anticipatory-bail-supreme-court
Trending Judiciary
No Automatic Arrest on Rejection of Anticipatory Bail: Supreme Court [Read Order]

SC clarifies that rejection of anticipatory bail doesn’t mean automatic arrest; custody depends on investigation, conduct, and case facts.

18 August, 2025 12:27 PM
court-holds-surgeon-guilty-of-indulging-in-black-magic-during-hearing-sentenced-till-rising-of-court
Trending Judiciary
Court holds Surgeon guilty of indulging in black magic during hearing; sentenced till rising of court [Read Order]

Delhi court convicts surgeon for disrupting proceedings with ‘black magic’; sentenced till rising of court with ₹2,000 fine after apology.

18 August, 2025 12:40 PM
want-bravehearts-to-be-in-forces-sc-for-giving-insurance-cover-to-cadets-discharged-during-military-training
Trending Judiciary
'Want bravehearts to be in forces,' SC for giving insurance cover to cadets discharged during military training

SC seeks insurance cover, rehab and higher aid for cadets injured during military training, stressing need to support bravehearts joining armed forces.

18 August, 2025 04:00 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email