Thread by @LiveLawIndia

[IT Amendment 2023]

#BombayHighCourt will hear stand-up comedian KUNAL KAMRA's plea to stay new amendment to IT Rules empowering the Central Govt. to identify 'Fake News' about itself in the social media.

Hearing at 10am, follow for updates

@kunalkamra88 #KunalKamra #ITRules

Hearing before a division bench of Justices Gautam Patel and Neela Gokhale.

During the previous hearing J Patel observed that prima facie the amendment doesn't have necessary safeguards.

livelaw.in/top-stories/bo…

Hearing begins.

J Patel - see, the rule can't be operational till the notification on the fact checking committee.

#ITAmendment2023 #KunalKamra #BombayHighCourt

ASG Anil Singh for the @GoI_MeitY said he is ready to make a statement that the rules won't be notified till the next date.

#ITAmendment2023 #KunalKamra #BombayHighCourt

Senior Adv Darius Khambata - If he is being so fair to say that the fact checking unit won't be notified till June he should also say it will apply prospectively.

J Patel - Till the date we specify the FCU will not be notified...

#ITAmendment2023 #KunalKamra #BombayHighCourt

Sr Adv Khambata for Kamra -Even if one individual is chilled 19(1)(a) is violated.

J Patel - As far as we are concerned. This is a draft yet to be notified and sterile till then...

#ITAmendment2023 #KunalKamra #BombayHighCourt

J Patel -Let's be fair. We will issue Rule, post then immediately after vacation. Little more confidence in our colleague.

#ITAmendment2023 #KunalKamra #BombayHighCourt

J Patel - We want to say something in preparation of the next date. Before the next date we want your (Mr. Singh's) compilations.

J Patel gives a list of Judgements required before the next date.

#ITAmendment2023 #KunalKamra #BombayHighCourt

J Patel - An opinion may be correct, countered or misleading but those are opinions that will have to be distinguished. We don't want to spend time on anything unnecessary...

#ITAmendment2023 #KunalKamra #BombayHighCourt

J Patel - Our freedom in part 3 of the constitution, they are declarations on inherent freedoms... That tells us that the freedoms under 19(1)(a) are supposed to expansively be construed.

#ITAmendment2023 #KunalKamra #BombayHighCourt

ASG - I have instructions to make a statement that the FCU will not be notified till July 5.

J Patel - that's because the SC opens in July (laughs)

#ITAmendment2023 #KunalKamra #BombayHighCourt

ASG -J Patel said he doesn't want to inconvenience the Solicitor General

#ITAmendment2023 #KunalKamra #BombayHighCourt

Order

MR Khambata seeks leave to amend, to be made by Monday. To be served on May 3.

Mr Singh has instructions to say that FCU will not be notified till July 5. Matter to be kept on June 6 for next date.

Order

Court notes Mr. Khambata's objection regarding the chilling effect of the rule as it stands.

#ITAmendment2023 #KunalKamra #BombayHighCourt

Order

We believe this is not a reason to immediately go into the question of stay or suspension of the rule as it stands, as without a fact check unit being notified, the rule cannot operate.

#ITAmendment2023 #KunalKamra
#BombayHighCourt @GoI_MeitY