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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

ED took action on 15 places including Mithi river, cleanliness, irregularities, Dino Morea

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Dino Morea ED

Mumbai: The Enforcement Directorate (ED) has raided 15 places including Mumbai in the irregularities case in the cleaning of the Mithi river. The Enforcement Directorate has also claimed to have seized many important documents related to the case while conducting raids in Mumbai and Kochi. The ED has also raided the house of film actor Dino Maurya. The EOW has registered the first FIR in this case, after which the Enforcement Directorate has now started a parallel investigation. The ED has taken this action under the PMLA Money Laundering Act. Dino Maurya has also been involved in this irregularity. The EOW has also questioned him and his brother.

It is said that Dino Maurya and Ketan are close to Shiv Sena leader Aditya Thackeray. Now Dino’s troubles have increased. The EOW has found many important documents and evidence in the Mithi river corruption and irregularities case in Mumbai, so now the ED has also started its action in the case of misuse of funding and illegal tender purchase in this case. Many Shiv Sena leaders are also in the ambit of ED action, because during the Mithi river corruption scam, Shiv Sena was ruling the BMC, so the scope of investigation has become focused on Shiv Sena leaders. EOW has also made significant progress in its action in the Mithi river corruption case in Mumbai. More revelations are expected after the arrival of ED in this case. EOW has taken action against 13 people in this case so far and has also arrested them. In this, political leaders including BMC officials are also on the radar of ED.

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Maharashtra

Mumbai: MLA and SP leader Abu Asim Azmi appeals to avoid sacrificing animals in the open on Eid-ul-Azha

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Mumbai: Mumbai Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has appealed to Muslims not to perform Qurbani in the open and also follow BMC and government guidelines. Cleanliness is half of faith, so take special care of cleanliness. Not only this, it is mandatory to follow all the guidelines and guiding principles set regarding Qurbani. Take special care of cleanliness and ensure that the brothers and sisters of the country do not face any kind of trouble on Eid-ul-Azha. This is the real teaching of Islam. Celebrate Eid with mutual love, brotherhood and following Sunnat Ibrahimi. Azmi said that the waste of Qurbani on Eid should also be kept in bags and thrown in the dustbin.

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Mumbai Congress delegation meets Municipal Commissioner, expresses grave concern over poor condition of city

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Mumbai: Today, a high-level Congress delegation led by Mumbai Congress President and MP Prof. Varsha Tai Gaikwad met BMC Commissioner Bhushan Gagrani. The delegation included MLA Aslam Shaikh, MLA Amin Patel, MLA Dr. Jyoti Tai Gaikwad, former corporator Haji Babbu Khan and other former corporators of Mumbai Congress.

Several important issues were raised in the meeting on administrative collapse, corruption and deterioration of public amenities in Mumbai.

‎🛑 Highlights of the meeting:

‎🔸 Increase in property tax without public approval
Violating the directions of the Supreme Court, the BMC increased property tax in the absence of elected representatives. The Congress strongly opposed this unconstitutional move and called it a financial burden on the people of Mumbai.

‎Scams in road construction
‎There is a possibility of massive corruption in the concreting of roads. Only 25% of the work has been completed so far and that too has been hampered by poor quality, damage to pipelines and serious irregularities in tendering – particularly in the inorganic phosphate based geo-polymer concrete tender.

‎🔸 Drain cleaning scam

Drain cleaning before the monsoon has become a sham. All the work has been handed over to contractors, no monitoring, no accountability. The Congress has demanded immediate and strict action.

‎🔸 Medical facilities in ICUs

BMC hospitals – like Baba, Rajawadi, Shatabdi and Bhagwati – are in a shambles. Patients are being forcibly sent to private hospitals, while privatisation of hospitals and delay in development work have worsened the problems.

‎🔸 Waste management
‎The sanitation system is already failing and now the BMC is considering imposing a “garbage tax”. In areas like Kurla and Borivali, the sewer line work has been incomplete for years.

‎🔸 Failure of the education system:

BMC school children have not yet been given books and uniforms. The commissioner has given a deadline of June 15. If this work is not completed, the Congress will again come out with questions on June 16.

‎🔸 Delay in housing schemes and PAP projects:

Housing schemes, PAP and redevelopment projects in areas like Andheri, Vakola, Khar have been victims of builder fraud, misuse of TDR and government negligence.

‎🔸 Other important issues

Corruption in central procurement process

Delay in approving hawking policy

Acute lack of facilities in Muslim graveyards

🗣️ Congress demands:

✅ ACB should investigate contractor mafia in BMC

✅ Independent audit of drain cleaning and road construction works

✅ Independent monitoring body should be formed for BMC tenders

Mumbai cannot be left at the mercy of a neglected and corrupt system. Congress will continue to fight at every level by becoming the voice of the people of Mumbai!

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