bombayhighcourt
By Ritika Jain The Bombay High Court on January 31 delivered a split verdict on pleas challenging the Centre’s Fact Checking Unit under the Information and Technology Rules, 2023 which determined what news is fake, false or misleading. The two judges uploaded separate judgements outlining their opinions. Justice GS Patel, in his 148-page opinion, found the rules taking on a “form of censorship”; Justice Neela Gokhale in her 92-page opinion said the rules are not disproportionate and rather saved citizens from being misled. The high court’s decision—on a batch of pleas filed by stand-up comic K...
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By Ritika Jain The Bombay High Court said except the court, nobody had the authority to pronounce what is true and false while questioning the Centre’s amendment to the Information and Technology (IT) Rules, 2023 which empowered its Fact-Checking Unit (PCU) to decide with “absolute authority” what is fake, false, or misleading. The high court further noted that the new IT Rules, 2023 was also silent on the boundaries of what is fake, false or misleading while questioning the need behind the revision to the rules. “This is completely binary... Even a court only says probably this may be the tru...
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By Ritika Jain Centre today gave an oral undertaking before the Bombay High Court that until July 5, it would not notify the fact-checking unit (FCU) as envisaged under the amended IT Rules, 2023. “I have instructions to make a statement that the FCU will not be notified till July 5”, Additional Solicitor General Anil Singh told the high court. A division bench of Justices GS Patel and Neela Gokhale further noted stand-up comic Kunal Kamra’s plea where he alleged that the IT Rules would deter free speech even without the FCU. The court however observed that this was not an immediate concern. “...
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By Ritika Jain Bombay High Court on Tuesday directed the Centre to describe the factual background that necessitated the amendments to the IT Rules which allow the government or its authorities to fact-check news organizations and social media platforms. Justices GS Patel and Neela Gokhale observed if the Centre’s fact-check unit could take up media reports and stop them from publishing articles on topics. The high court’s observation came on a plea filed by stand-up comic Kunal Kamra who has challenged the amendment to the rules. The high court’s order comes less than a week after the Centre ...
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By Ritika Jain The Supreme Court on Saturday suspended the Bombay High Court order acquitting ex-Delhi University Professor GN Saibaba in the case pertaining to his alleged Maoist links. The high court failed to consider the case on merits and discharged the accused only on the issue of an invalid sanction, the Supreme Court observed. This means GN Saibaba continues to remain in custody. However, he is permitted to file a fresh bail appeal. The high court order was required to be considered in detail, but it discharged the accused only on the ground that the sanction was invalid, the special b...
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By Ritika Jain Bombay High Court Nagpur Bench on Friday acquitted former Delhi University, Professor GN Saibaba, in the case where he was convicted for his alleged links to the Communist Party of India (Maoist). The life term awarded to Saibaba is also set aside. Justices Rohit Deo and Anil Pansare held the proceedings in the 2017 trial null and void in the absence of a valid sanction under the provisions of the Unlawful Activities (Prevention) Act, 1967 prior to the commencement of the trial. The sessions court in Maharashtra's Gadchiroli district framed charges against the political activist...
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By Ritika Jain Bombay High Court Nagpur bench today acquitted former Delhi University professor GN Saibaba in the case where he was sentenced to life after being convicted for alleged Maoist links. The high court directed the immediate release of the political activist who is 90 percent physically handicapped. The bench also acquitted five others who were convicted in the same case and directed their immediate release as well unless they are accused in any other case. The five others acquitted in this case were Mahesh Tirki, Pandu Pora Narote, Hem Keshwdatta Mishra, Prashant Rahi and Vijay Nan...
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By Ritika Jain Putting a damper on Navratri celebrations, the Nagpur bench of the Bombay High Court on September 26 banned modern sound systems like loudspeakers, DJs while performing dandiya and garba in silence zones as declared under the Noise Pollution (Regulation and Control) Rules, 2000. According to the rules, an area comprising not less than 100 metres around hospital, educational institutions, religious places, courts and any other area as declared by a competent authority is a 'silence area/zone'. "Dandiya and Garba being intrinsic part of a religious celebration can still be perform...
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