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Bombay High Court strikes down Centre’s Fact Check Unit, calls it unconstitutional

The court, while hearing four petitions filed by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association, held that the rules violated constitutional provisions.

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In a major setback for the central government, the Bombay High Court on Friday struck down the amended Information Technology (IT) Rules, which sought to identify fake and false content on social media against the government, and held it unconstitutional.

The court, while hearing four petitions filed by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association, held that the rules violated constitutional provisions.

As a tie-breaker judge, A S Chandurkar, was hearing the matter after a division bench of Justices Gautam Patel and Neela Gokhale in January delivered a split verdict on the petitions challenging the amended IT rules.

While Justice Patel struck down the Rules, Justice Gokhale upheld them.

Justice Patel had said the Rules amounted to censorship, but Justice Gokhale had opined they did not have any `chilling effect’ on free speech as argued.

In today’s hearing, Justice Chandurkar held the Information Technology Amendment Rules, 2023, which empowers the Centre to set up Fact Check Units (FCUs) for identifying fake news online, against Articles 14 and 19 of the Constitution.

“I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India,” the judge said.

The expression “fake, false and misleading” in the Rules was “vague and hence wrong” in the absence of any definition, he added.

Justice Chandurkar said he agreed with the opinion given by Justice Patel (now retired).

On April 6, 2023, the Union government promulgated amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for an FCU to flag fake, false, or misleading online content related to the government.

Under the IT Rules, if the FCU comes across any posts that are fake, false, and contain misleading facts about the business of the government, it would flag the same to social media intermediaries.

India News

EC extends SIR deadlines for 6 states, no change for West Bengal

The Election Commission has extended the SIR exercise in six states and a Union Territory, while West Bengal and three others received no extension as the voter roll update process progresses.

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The Election Commission has revised the timeline for the ongoing Special Intensive Revision (SIR) of electoral rolls in six regions, while keeping the schedule unchanged for West Bengal, Goa, Lakshadweep and Rajasthan. The SIR exercise, aimed at removing inaccuracies and updating voter lists, will now continue for longer in Tamil Nadu, Gujarat, Madhya Pradesh, Chhattisgarh, Uttar Pradesh, and the Andaman and Nicobar Islands.

Revised dates for voter roll revision

According to the Election Commission, the enumeration period has been extended as follows:

  • Tamil Nadu and Gujarat: Till December 14
  • Madhya Pradesh, Chhattisgarh, Andaman and Nicobar Islands: Till December 18
  • Uttar Pradesh: Till December 26

The publication of draft rolls will now be:

  • December 19 for Tamil Nadu and Gujarat
  • December 23 for Madhya Pradesh, Chhattisgarh, Andaman and Nicobar Islands
  • December 31 for Uttar Pradesh

Meanwhile, the SIR period concluded today in Goa, Lakshadweep, Rajasthan and West Bengal, with no extension granted.

As West Bengal heads towards a crucial election expected early next year, the voter list update process has become part of a broader political narrative between the NDA and Opposition parties, especially after the Bihar polls.

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Mamata Banerjee urges women to resist if voter names are deleted during SIR review

At a Krishnagar rally, Mamata Banerjee alleged misuse of the SIR voter list review and urged women to stand firm if their names were removed.

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Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee, sharpening her attack on the ongoing Special Intensive Revision (SIR) of voter lists, called on women to stand up against any attempt to remove their names from the electoral roll. Addressing a gathering in Krishnagar, she alleged that the process was being misused to target voters ahead of elections.

Mamata accuses BJP of trying to intimidate women voters

Banerjee questioned the removal of names from the voter list under the SIR exercise, asserting that mothers and sisters of the state should not allow such actions to go unchecked. She said women possess the strength and the everyday tools used at home, urging them to be ready if their rights were undermined.

She alleged that attempts would be made to influence the electoral process by bringing police from outside the state and using fear tactics. Banerjee added that during elections, efforts were often made to divide people and misuse money power.

Reaffirming her stance on secularism, she said she wanted to see whether the women of Bengal or the BJP were “more powerful” in this fight.

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Andhra Pradesh High Court orders anti-corruption probe into Tirupati donation theft case

Andhra Pradesh High Court has ordered the CID and ACB to file an FIR and conduct a coordinated probe into the TTD Parakamani theft case, including scrutiny of a Lok Adalat settlement and the complainant’s suspicious death.

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The Andhra Pradesh High Court has directed the Criminal Investigation Department (CID) and the Anti-Corruption Bureau (ACB) to initiate criminal action and register an FIR in the Tirumala Tirupati Devasthanams (TTD) Parakamani (donation box) theft case. The court instructed both agencies to continue investigating the alleged theft, the suspect’s assets, and the earlier settlement reached at a Lok Adalat.

Court seeks deeper scrutiny and coordination among agencies

The High Court emphasised that the probe must also examine how the case was taken to mediation and settled through a compromise. It ordered the CID and ACB to share information with each other and, if necessary, with the Income Tax Department and the Enforcement Directorate (ED) to ensure a comprehensive investigation.

Taking note of the unexplained death of the complainant, Y Satish Kumar—then part of the TTD vigilance team—whose body was found near a railway track in Anantapur district on November 14, the court asked the CID to submit his post-mortem report in a sealed cover within three days.

The next hearing is scheduled for December 16.

Senior TTD officials questioned; theft traced to April 2023 incident

The CID has already examined several former officials, including ex-TTD chairmen B Karunakar Reddy and YV Subba Reddy, and former executive officer AV Dharma Reddy.

The case began on April 29, 2023, when CV Ravi Kumar, an employee at a mutt linked to TTD, was allegedly caught stealing $900 inside the Parakamani hall—the temple’s donation-counting centre. While a local police case was initially filed, it was soon shifted to a Lok Adalat, where a compromise settlement was reportedly reached. Under this arrangement, Ravi Kumar is said to have offered seven properties worth about ₹40 crore in Tirupati and Chennai as restitution to TTD.

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