SupremeCourt to hear a bunch of cases seeking guidelines to prevent HateSpeech. Some of the petitions were filed back in 2020 concerning hate speech on Tablighi Jamaat Muslims after Nizamuddin Markaz fiasco
Counsel informs that Solicitor General Tushar Mehta has circulated a letter for adjournment in this case
SG appears
Counsel: SG Mehta is omnipresent
SG: The letter wrongly mentions adjournment needed for 2 weeks. I would like to streamline this. Please see first set is writ petitions. then is the transfer plea regarding pleas challenging IT rules seeking to regulate OTT platforms. Then is plea seeking stay of HC proceedings
SG: Some have challenged part 2 of IT rules and some have challenged part 3 of IT rules. Some HC have stayed statutory provisions, we have appealed against that. Kerala HC, Bombay HC, Delhi HC has stayed.
SC: We will issue on fresh matters including the transfer plea
SG: Can you please grant stay on the transfer petitions and notice on stay as well in the special leave petitions.
SC: Yes no difficulty, other parties have to be served
Adv Ejaz Maqbool requests for a listing on a non-miscellaneous day.
Sr Adv KV Vishwanathan: some of the transfer petitions were filed in 2018, 2019 even before the challenges came into being
Adv MR Shamshad: the target is religious personalities across India
SG: Same petitioner Jamiat Ulama i Hind...
SC: See the relief.. its very different. they want action taken report from states on hate speeches
SC: So this plea by Jamiat will go into the hate speech bunch of cases. This will be tagged along with the hate speech cases.
Adv Shahrukh Alam: I appear in Syeda Hameed case
SC: It is not IT rules?
Alam: No hate speech
SC: Then it has to be segregated.
SC: We will create two groups, one under IT rules and one hate speech
Alam: there is also a petition on hate crime not hate speech
SC: We are only creating two groups. IT rules and one on compliance of judgment with hate speech
Alam: even with second group, one petition is not hate speech but hate crime
SC: It concerns compliance with judgment of this court. we will ask them if compliance was made and how the hate crime took place.
NBSA informs court that there is a challenge to the Cable TV Amendment Rules 2021 as well.
SC: issue notice in all cases where notice is pending. Returnable on May 19. We direct stay of further proceedings pending before the HC in respective cases or to be filed hereafter until next date of hearing involving challenge to IT rules or Cable Tv amendment rules
SC: SG Mehta will segregate cases into challenge to IT rules, hate speech and cases seeking general mechanism touching upon subject matter of IT rules. since IT rules are now in force those petitions doe snot survive for further consideration
SC: other cases involving hate speeches and hate crimes to be listed on the next date of hearing.
Adv Vrinda Bhandari: we had challenged the IT rules concerning LiveLawIndia ..There was an interim order on this by kerala HC
SC: We are not touching any interim orders. we will see on May 19, 2022