Thread by @LawBeatInd

#bombayhighcourt is hearing a plea filed by stand up comedian Kunal Kumar challenging the amended IT Rules constituting fact finding unit
@kunalkamra88

ASG: i have a request. Solicitor general will be appearing. He is held up today. We seek one week time. Kindly see page 65.
I have mentioned that fact finding unit is not notified. Where is the question of urgency?

Bench: His contention is per day unconstitutional

ASG: Solicitor General is busy in constitutional matter

Seervai: The bench is not sitting today. They served an affidavit. I will show they don't have no sustainable answer to challenge to 5 facet of article 19. Under article 14 argument is based on classification

Seervai: What is so great about CG. If false news is disease then why not open to state government. It violates ex facie. This comes within 5 items osf Ram Krishna dalmia. If ex facie embedded in provision it has to be struck down. Can this survive in democracy?

Seervai: In Amish devgan case SC said govt can be the one to decide. You may keep as ad interim and keep it open. I would like to brief on ad interim relief. Fact check unit is irrelevant and chilling effect is already there.

Seervai: people are already scared. In this country today people are sacred
And they should not be in a democracy and rule of law. Under 19(1)(a) the initial burden is light burden. I have to just show prima facie show that the rule does not come under reasonable restrictions

Seervai: There is not even an attempt to show. Surely in balance of fundamental rights, freedom of speech and govt protecting itself they can wait till 6 weeks. Why should citizen be jeopardize? Indian express came out with article that fact check unit to come up immediately

Seervai: they are not denying it. It is for state to justify the constitutionality. They burden is on petitioner but there's no answer.

Bench: he is saying the rule is inoperative. We are not locus
It is case of freedom of speech. Prima facie the petition survives

ASG: If bench is hearing i have preliminary objection. It is matter of 4 days. What is so urgent that it can't wait for week
Seervai: keep it on Wednesday

Bench: This bench will not available later. Other bench have are equally heavy. You want tomorrow, day after. It can be at 9

Bench: i have confidence in you (ASG). It's not that ASG of our court cannot handle. You have your army and you can consult if you want. We will keep Tom. It will be time limited and on ad interim. If it's next week i will have to cancel my expensive ticket and time...b

Bench: with my family which i don't want to do. There is a fact check unit of TOI which says it's false that SC legalised same sex marriage. That's in your favour Mr. Singh.

Bench: You are saying you not affecting parody but rules are not saying that. We will have to see.

High Court to hear both the sides on thursday at 10AM

IT Rules Amendment| "People Are Already Scared": Kunal Kamra's Counsel Tells Bombay High Court @kunalkamra88
@Raj_Bhojanii reports
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