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.

Days after Atishi was selected as the new Delhi Chief Minister following the resignation of Arvind Kejriwal from the post, the Aam Aadmi Party on Friday demanded a government accommodation for the outgoing CM, saying he is entitled to it on account of being the convener of a national party.

Addressing a press conference, AAP Rajya Sabha MP Raghav Chadha said the party would be writing to the Union Ministry of Housing and Urban Affairs and hoped that it would provide the accommodation to the party’s national convener in one or two days.

Kejriwal, who resigned as the Chief Minister of Delhi earlier this week, will move out of the official residence within 15 days, the party said earlier.

Chadha said every national party was entitled to two resources, an office and an accommodation for its head, to function from Delhi.

AAP became a national party following the Gujarat Assembly polls in 2022 in which it got some seats and a good vote percentage, he said.

The Centre provided AAP with an office after two years of struggle and the intervention of the court. AAP moved to its new office on the Ravi Shankar Shukla Lane in Mandi House last month, vacating its old DDU Marg office near ITO.

“I urge the Centre to follow the rules without any delay and any political consideration, and provide a government accommodation to party national convener Arvind Kejriwal which is his and the Aam Aadmi Party’s right,” Chadha said.

The presidents of the six national parties in the country, including JP Nadda of the BJP, Mallikarjun Kharge of the Congress and Mayawati of the BSP, have been provided government accommodation in the national capital, he said.

The Rajya Sabha member also hoped AAP would not have to fight a legal battle for the government accommodation to party supremo Kejriwal.

Kejriwal will very soon give up all the official facilities provided to him as chief minister after his resignation was accepted, Chadha said. After the oath of the new chief minister, he will start giving up the facilities, he said.

“He does not have a property or even his own house. As the convener of a national party, he is entitled to a government accommodation. The Centre should give him that,” Chadha added. 

Union Health Minister Nadda on Friday said he had spoken to Andhra Pradesh Chief Minister N Chandrababu Naidu and sought a full report on the Tirupati laddu issue. He added that the Centre would examine the matter and take suitable action.

“As soon as I got this news, I called Andhra Pradesh CM Chandrababu Naidu and got details and told him to send the report that he has. I will examine the report, and I will also talk to state regulators. Suitable action will be taken accordingly. We will take action as per the rules of Food Safety Standards Authority of India,” said Union Minister of Health and Family Welfare JP Nadda while speaking to PTI.

Naidu has claimed that animal fat was used for making Tirupati laddus during the previous Jagan Mohan Reddy government, triggering a massive political row with the Yuvajana Sramika Rythu Congress Party (YSRCP) accusing the Chief Minister of indulging in heinous allegations for political gains and the Telugu Desam Party (TDP) circulating a lab report to back the claim.

Earlier in the day, Food Minister Pralhad Joshi called for an inquiry into the controversial claims made by Naidu. “Whatever the Andhra Chief Minister has said is a matter of serious concern. A detailed inquiry is required, and the culprit should be punished,” he said on the sidelines of a global food regulators summit.

During an NDA legislative party meeting held on September 18, Naidu made serious accusations against the previous administration led by YS Jagan Mohan Reddy. Naidu alleged that the former government compromised the sanctity of the Sri Venkateswara Swamy temple in Tirupati by using substandard ingredients and animal fat in the preparation of laddus.

Meanwhile, YSRCP chief Jagan Mohan Reddy said only Chandrababu Naidu has mentality to use god for politics.

“Andhra CM Naidu is such a person who can use god also for political gains,” he added.

Ghee adulteration allegations to divert attention from Chandrababu Naidu’s 100 days rule in AP, Jagan slammed Naidu over laddu controversy.

Andhra Pradesh Congress president YS Sharmila said that Naidu presented a report that said a sample was taken on the day he assumed power and that sample reported that there was beef and fish oil in the ingredients that were used to make the laddus in Tirupati.

“We don’t understand why N Chandrababu Naidu made these remarks so casually. Therefore, Congress has demanded a CBI inquiry over this issue,” Sharmila added.