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IT Rules: Amended Rules Allowing Fact Check Unit Unconstitutional, Says Bombay High Court

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IT Rules: Amended Rules Allowing Fact Check Unit Unconstitutional, Says Bombay High Court

Mumbai, September 20: In a setback to the Centre, the Bombay High Court on Friday struck down the amendment to the  Information Technology Act which gave power to the Centre to set up a Fact Check Unit (FCU) to identify  fake, false or misleading content against the government on social media and online platforms, terming it as “unconstitutional”. 

Rule 3(1)(b)(v) of the IT Rules amendment 2023 empowers the government to establish a Fact check Unit and unilaterally declare online content related to the government’s business on social media platforms as fake, false or misleading. The social media intermediary then either has to pull down the information or be ready to defend its actions in court, if the case so arises.

The matter was assigned to Justice AS Chandurkar as ‘tie-breaker judge’, after a division bench, in January, delivered a split verdict on the petitions challenging the amended IT rules.

Justice Chandurkar held that the rules violated constitutional provisions. “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,” he said. The expression “fake, false and misleading” in the Rules was “vague and hence wrong” in the absence of any definition, he added.

The matter will now be placed before the division bench to be decided. The judgement goes against the Centre, with two judges ruling against it. 

The HC was dealing with a batch of petitions, including by a stand-up artist Kunal Kamra, challenging the rules. 

The pleas against the Rules were referred to Justice Chandurkar after a bench of Justices Gautam Patel and Neela Gokhale, on January 31, gave a split verdict. Justice Patel struck down the amended rule establishing FCU while Justice Gokhale ruled against the petitioners.

The Centre amended the IT Act last year which empowered the Central government to flag “fake, false and misleading” news pertaining to the government on social media through FCU.

Senior counsel Navroz Seervai, for Kamra, had argued that expressions “fake, false or misleading” are vague and undefined thus being susceptible to gross abuse and misuse. Similarly, the expression “business of the Central Government” has been stated in wide terms which would encompass each and every activity of the Central Government resulting in the Rule travelling beyond the empowering Section which is Section 87 of the Act of 2000.

Maharashtra

Maharashtra Assembly Elections 2024 : Polling Booths Increased To 10,111 In Mumbai As Voter Capacity Reduced To 1,250

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The number of polling stations designated in the Greater Mumbai area is now 10 thousand 111

An increase of 218 polling stations compared to Lok Sabha General Election-2024

Now average up to 1200 voters per center

In view of the upcoming Maharashtra Assembly Elections-2024, as per the instructions given by the Hon’ble Election Commission of India from time to time, polling stations in the Greater Mumbai area (Mumbai City and Mumbai Suburban Districts) have been streamlined with a view to enable voters to vote easily. Due to this streamlining program, the number of polling stations in Greater Mumbai area has increased to 10 thousand 111. Compared to Lok Sabha General Election-2024, the number of polling stations has increased by 218. In this, the average number of voters per polling station will now be 1200 from the earlier average of 1500, thus the number of polling stations has increased and as a result will help increase the volume and speed of voting.

As per the instructions of Hon’ble Election Commission of India and State Election Commission, District Election Officer and Commissioner of Brihanmumbai Municipal Corporation Shri. Under the guidance of Bhushan Gagrani, preparations are being made in a planned manner by the administration in the background of the upcoming assembly elections. The polling stations have been streamlined on this line.

The number of polling stations has been fixed keeping in mind that the average number of voters will be up to 1200 per polling station while streamlining the polling stations in Greater Mumbai area. So, the polling stations in the same location with more polling stations have been decentralised. Therefore, the number of polling booths has increased in some parts of Greater Mumbai as compared to Lok Sabha General Election-2024.

In line with this, a meeting was held yesterday evening (dated September 19, 2024) at Brihanmumbai Municipal Corporation Headquarters with the representatives of political parties to inform about the regularization of polling stations in various constituencies in Brihanmumbai. District Election Officer and Brihanmumbai Municipal Corporation to provide information about polling station reorganization and to create awareness among the voters. Commissioner Mr. Under the guidance of Bhushan Gagrani, Additional District Election Officer and Additional Municipal Commissioner (City) Dr. (Mrs.) Ashwini Joshi held a meeting with the representatives of various political parties and gave detailed information about it.Additional District Election Officer and Mumbai City Collector Shri. Sanjay Yadav, Special Duty Officer (Election) Shri. Vijay Balamwar, concerned officials and representatives of various political parties attended the meeting.

At the time of Lok Sabha General Election – 2024, there were a total of 2 thousand 509 polling stations in Mumbai city district. So, in Mumbai suburb district this number was 7 thousand 384. Due to the streamlining programme, the number of polling stations has increased to 2 thousand 537 and 7 thousand 574 respectively i.e. 10 thousand 111 in the entire Greater Mumbai area (Mumbai city and Mumbai suburb districts).

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Maharashtra

Dharamveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project will continue to operate from 7 am to 12 pm, seven days a week.

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Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project will continue to operate from 7 am to 12 pm, seven days a week.

Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project through Brihanmumbai Municipal Corporation is being constructed from Shamaldas Gandhi Marg (Princess Street) flyover to Worli end of Bandra – Worli Sea Bridge. Till date 92 percent work of this project has been completed.

Ganeshotsavadarmayan Mumbai coastal road project was open for 24 hours traffic from 06 September 2024 to 18 September 2024. Now, starting from Saturday 21 September 2024, the Mumbai Coastal Road Project will be open for traffic from 7 AM to 12 PM, 7 days a week. So, it will be closed for traffic from 12 pm to 7 am.

The South Channel from Bindumadhav Thackeray Chowk, Rajni Patel Chowk (Lotus Junction) and Amersons Udyan to Marine Drive and the North Channel from Marine Drive, Haji Ali and Rajni Patel Chowk (Lotus Junction) to Bandra Worli Sagari Setu (Rajiv Gandhi Sagari Setu) are open for traffic. will stay

Meanwhile, Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road Project (South) is progressing rapidly. Drivers should strictly follow speed limit, traffic rules. Follow traffic rules. Take extra care while driving. A humble appeal is being made on behalf of the Brihanmumbai Municipal Corporation administration to avoid accidents and cooperate with the municipal administration.

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Maharashtra

WR’s MAJOR BLOCK BETWEEN GOREGAON AND KANDIVALI

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To facilitate the construction of the 6th line between Goregaon and Kandivali, a major block of 10 hours will be taken on the Up and Down Slow lines and Down Fast line between Goregaon and Kandivali stations from 00:00 hrs to 10.00 hrs during the intervening night of Saturday/ Sunday, i.e. on
21st/22nd September, 2024.

According to a press release issued by Shri Vineet Abhishek – Chief Public Relations Officer of Western Railway, during the block, all Up Slow line trains will run on the Up Fast line from Borivali to Goregaon. Similarly, all Down Slow line trains will run on the Down Fast line from Andheri, and these trains will be dealt at Platform No. 7 of Goregaon station. Between Goregaon and Borivali stations, these Down Slow line trains will run on the 5th line and due to unavailability of platforms, these trains will not halt at Ram Mandir, Malad and Kandivali stations during the block period. It may also be noted that all Down Fast trains will run on Down Slow line from Andheri to Virar after 04.30 hrs till the completion of block period. Additionally, a few Churchgate – Borivali Slow train services will be short-terminated and reversed from Goregaon station.

Passengers are also informed that UP and DOWN Mail/Express trains will be subject to delays of approximately 10 to 20 minutes during the block period.

Some suburban trains will be cancelled/short terminated during the block. List of trains cancelled/short terminated is enclosed as Annexure I & Annexure II. Detailed information to this effect is available with concerned Station Masters. Passengers are requested to please take note of the above arrangements.

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