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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.

Crime

Mumbai Crime: Vasai Man Kills Stepmother For Refusing To Pay ₹1.8 Lakh For His Online Gaming, Father Helps Cover-Up Murder

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Vasai (Maharashtra): In a chilling case from Vasai, which is 25 kilometres away from Mumbai, the Mira Bhayandar Vasai Virar (MBVV) police arrested a 32-year-old man for allegedly murdering his 61-year-old stepmother after she refused to give him money to continue playing an online game. The accused’s father has also been arrested for his role in helping cover up the crime.

Family Claimed Elderly Woman Died Due To Fall, Last Rites Conducted

The victim, Arshia Khusru, was a resident of Periyar Apartment in Vasai West. She died on July 26 and her family claimed she had suffered a fatal fall. Based on that account, her last rites were conducted without a postmortem. However, discrepancies in the circumstances surrounding her death led the police to launch an investigation.

During the probe, officers arrested Imran Khusru, Arshia’s stepson, who later confessed to the murder. Imran was deeply addicted to an online game and desperately needed Rs 1.8 lakh to fund his gaming.

When Arshia refused to give him the money, an enraged Imran allegedly slammed her head against a wall corner and kicked her in the face, leading to fatal injuries. After committing the crime, he is said to have stolen her gold jewellery.

Accused’s Father Helped In Covering Crime

The case took a darker turn when police discovered the involvement of Imran’s father, Amir Ismail Khusru (65), in attempting to destroy evidence and mislead authorities. Amir allegedly used his personal connections to procure a fake death certificate stating that Arshia had died from a fall. He then persuaded the family to proceed with her funeral based on the false cause of death, avoiding an autopsy.

Cops say the father-son duo went to great lengths to cover up the murder. It was only through persistent efforts by the police that the truth came to light. The stolen jewellery and other key evidence have reportedly been recovered. Both accused are currently in custody, and the investigation is ongoing.

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Maharashtra

Mumbai & Mysuru Police Dismantle Interstate Drug Racket In Karnataka; Mephedrone Worth ₹390 Crore Seized, 8 Arrested

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Mumbai: The Sakinaka police, in a joint operation with the Mysuru police, have dismantled an interstate drug racket and disbanded a factory in Mysore, Karnataka. Mephedrone (MD, a psychotropic substance) worth Rs 390 crore has been seized by a joint team, and eight persons arrested from Mumbai, Gujarat, and Mysuru.

Deputy Commissioner Of Police (Zone 10) Datta Nalawade’s Statement

Deputy Commissioner of Police (Zone 10) Datta Nalawade said the gang was active in Mumbai and its outskirts. Out of the eight accused, three were involved in similar cases for several years. Sixteen cases related to the NDPS (Narcotic Drugs and Psychotropic Substances) Act and physical assault were registered against one of the accused.

The police did not reveal the identities of all the accused, as the investigation is in its preliminary stage. They suspect that more people may be involved in the racket. The case was first registered by the Sakinaka police on April 24 and one Sadiq Shaikh, 27, a resident of Bandra West, was arrested in Sakinaka for possessing drugs intended for sale.

At the time, police seized 52gm of MD from him. During interrogation, the involvement of three more accused came to light. Initially, four were arrested from Mumbai, Gujarat, and Mysuru. Later, another four were arrested from the raided factory site in Mysuru. After the first arrest, the police seized an additional 4.53kg of MD worth Rs 8 crore from Kaman village in Vasai from two accused. One of them, Siraj Panjwani, 28, resides in Mira Road. On July 25, another arrest was made; that of Salim Shaikh alias Slim Langda, 45, a resident of Bandra Reclamation, who revealed the factory’s location.

On July 26, a Sakinaka police team led by investigating officer Dayanand Walave conducted a raid at the factory near Belavatha, in the Ring Road area of Mysuru, operating out of a blue cement shed. DCP Nalawade added, “There was a garage and a stall set up in front of the factory, with the actual drug production taking place behind it in an isolated space. We seized various chemicals, ovens, heaters, and other equipment. The contraband weighed 192.53kg, worth Rs 390 crore in the international market.”

He added that the police are probing whether this gang has any links to other drug manufacturing units dismantled in western Maharashtra and Nashik in the past many months. The court has sent four of the accused to judicial custody, while the other four, who were arrested on July 27, have been remanded to police custody for two days. Meanwhile, the Mysuru Commissioner of Police Seema Latkar has suspended the Narasimharaja police station inspector, Lakshmikanth Talawar, for dereliction of duty, under whose jurisdiction the factory is located.

Karnataka home minister Dr G. Parameshwar called it a “disturbing development”, as Mysuru is said to be a quiet place bereft of such activities. He added, “With the factory being unearthed, we are taking strict action against such activities. Even our police are investigating various angles of the incident.”

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Crime

Palghar Police Bust Prostitution Racket In Vasai; 3 Bangladeshi Nationals Held, 2 Victims Rescued

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Palghar: In a significant operation against human trafficking, Palghar police have uncovered a prostitution racket being run from a residential flat in Naigaon, Vasai. Three Bangladeshi nationals were arrested, and two victims, including a minor girl, were rescued, officials confirmed on Tuesday.

About The Case

Acting on a tip-off, the Anti-Human Trafficking Cell of the Mira Bhayander–Vasai Virar police conducted a raid on July 26 at a flat in Naigaon, located in the Vasai area.

According to ACP (Crime) Madan Ballal, officers found a minor girl at the scene who was allegedly being pushed into the flesh trade. A 21-year-old woman, also a victim of the racket, was rescued from the same premises.

The arrested accused have been identified as Mohammad Khalid Bapari, Juber Harun Sheikh, and Shamin Gaffar Sardar, all Bangladeshi nationals. Police say the victims, too, are from Bangladesh and were reportedly trafficked into India and forced into sex work.

Both victims have been shifted to a shelter run by the Rescue Foundation for their care and rehabilitation.

An FIR has been registered against the accused under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 96 (procuration of child), 98 (selling child for purposes of prostitution), 143(3) and 143(4) (trafficking), and 144 (exploitation of trafficked person). Additional charges under the Protection of Children from Sexual Offences (POCSO) Act and the Immoral Traffic (Prevention) Act have also been applied.

The investigation is ongoing.

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