Delhi HC: Justice Bhambhani Recuses From Hearing Challenge To It Rules

RECENT DEVELOPMENTS

• Digital Media houses like The Wire and The Quint have challenged the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021.
• The petitions filed were to be heard by the Bench consisting of Justice Anup Bhambhani and Justice Jasmeet Singh.
• However, Justice Bhambhani has recused himself from hearing the case.

ARGUMENTS OF THE PETITIONER

• Senior Advocate Nitya Ramakrishnan had stated that there was hope that the Court would provide a helping hand, which implied the grant of interim relief.
• To this, Justice Bhambhani replied that he could either choose to hear the case, or not, as there was no option for a middle path.
• The case has now been listed with the roster Bench.

BACKGROUND

• The petitioners had contended that hearing of this case was urgent as it infringed on Fundamental Rights.
• However, the hearing had been postponed by the Delhi High Court Bench consisting of Chief Justice D N Patel and Justice Jyoti Singh due to its non-urgent nature.
• Of late, the Government of India requested the media houses to comply with the said IT Rules which led to the filing of pleas which challenged the constitutional validity of the said Rules.

ARGUMENTS MADE

• Advocate Prasanna S and Advocate Vinoothna Vinjam have put forth that the Rules are biased and arbitrary.
• They are ultra vires of the Constitution and the IT Act as well.
• It has been stated that since the IT Act does not govern digital media, the Rules will not be applied to online media houses.
• The said Rules are alleged to be against the Fundamental right of Freedom of Speech and Expression.

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