The Chief Justice issued an administrative order concerning the reconstitution of the bench comprising Justices Gautam Patel and Neela Gokhle. The reconstituted bench is slated to convene at 2:30 pm on Tuesday.
This bench recently delivered a split verdict on petitions challenging the amended Information Technology (IT) Rules. These rules grant the Central government authority to identify "fake, false, and misleading" news regarding the government on social media platforms through the Fact Check Unit (FCU).
Kunal Kamra's legal team sought the reconstitution of the bench, comprising Justices Gautam Patel and Neela Gokhale, to halt the implementation of the Fact Check Unit (FCU) as per the amended IT Act. This plea, presented before the Chief Justice, underscored the urgency of addressing concerns surrounding the notification of the FCU.
Kunal's Team's Contention Ahead Of Chief Justice
In Monday's proceedings, counsel Navroz Seervai, representing Kamra, brought attention to discrepancies in Solicitor General Tushar Mehta's statements regarding the extension of the statement preventing the FCU's notification. This inconsistency fueled the urgency for a clear resolution, as Seervai pressed for the bench to address the extension matter promptly.
Despite Mehta's opposition to Seervai's request, citing the directive given to a third judge for interim relief, the Chief Justice assured that an administrative order would be issued in response to the plea, underscoring the gravity of the situation.
Split Verdict Announced On Jan 31
The legal saga surrounding the FCU extends back to April 6, 2023, when the Union government introduced amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The subsequent split verdict on January 31 further complicated matters, prompting the petitioners, including Kamra, Editors Guild of India, News Broadcasters and Digital Association, and Association of Indian Magazines, to escalate their concerns.
While Justice Patel voiced skepticism about the FCU's accountability, Justice Gokhale cautioned against unfair bias allegations, reflecting the complex legal terrain underpinning the debate over digital media ethics and governmental oversight.
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