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Social media misuse: Supreme Court gives Centre three weeks for timeframe for regulations

Supreme Court asked the Centre to respond within three weeks on progress made in framing regulations to check fake news and defamatory content on social media.

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[vc_row][vc_column][vc_column_text]Noting that social media misuse has taken a “dangerous turn”, the Supreme Court (SC) today – Tuesday, Sep 24 – asked the Centre to respond within three weeks on progress made in framing regulations to check fake news and defamatory content on social media.

The SC asked the government to strike a balance between the privacy of individuals, sovereignty of the State and reputation of individuals in drafting the regulations.

A bench comprising Justices Deepak Gupta and Aniruddha Bose expressed serious concern over some social media platforms not being able to trace the originator of a message or an online content and said the government must step in now.

Calling it a scientific issue, the bench said that neither the top court nor the high court is competent to decide this.”It is for the government to come up with appropriate guidelines to deal with these issues,” it said according to PTI.

“We can’t get away by saying that we don’t have a technology to track originators of online crime, if there is a technology to do it, then there is a technology to stop it,” the court said.

The court said there is need put an end to the free-for-all that exists on social media where anyone can, anonymously, say anything and expect to get away.

“There is no fear…. Suppose somebody says something which is, per se, defamatory. Why can’t the affected person go ahead and ask who originated such a message,” the bench asked the government. A person should be empowered to demand who writes a defamatory remark against him or her, the court said.

The court said it must be possible to trace the originator of fake messages relating to national security and violence.

“It is dangerous how some of these technologies work. I was thinking of giving up my smartphone and going back to feature phones,” said Justice Gupta.

Solicitor General Tushar Mehta replied: “That would be wise… Some of us already have.”

Justice Gupta then went on to narrate an incident about how he reached an Internet post with the help of a professional where AK-47 could be bought. “People can buy even AK-47 on the Internet… There have to be strict guidelines. Why do we have to worry about the Net only? We will worry about our country,” added the judge.

The judges, who are hearing petitions filed by Facebook and WhatsApp for transfer of their case from high courts, however, made it clear that the court wasn’t the right body to be drawing up the guidelines.

The bench said it wants to strike a balance between individual privacy and state sovereignty, while asking the Solicitor General to place before it the draft guidelines so that the court could take a view on it.

“It’s not for the courts to frame guidelines on prevention of social media misuse, policy can only be decided by the government. Once govt makes policy, then we can decide on the legality of policy. But issues like privacy need to be regulated by the government,” Justice Gupta said.

The Court has granted three weeks time to the Centre to submit the affidavit. The Government has to state the time frame required to make the guidelines.

The next date of hearing is October 22.[/vc_column_text][/vc_column][/vc_row]

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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