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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

Mumbai BMC employees and officers get bonus Diwali gift

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Mumbai: The Mumbai Municipal Corporation administration has announced a bonus of Rs 31,000 to the officers and employees of Mumbai BMC Corporation for Diwali – 2025.

The decision to provide bonus grant to the officers / employees of the Municipal Corporation for Diwali 2025 was announced by the Municipal Commissioner and Administrator Bhushan Gagrani. The order, details and amount of ex-gratia grant are as follows. The officers / employees of the corporation are Rs 31,000 bonus
‎Private primary school teachers / non-teaching staff who received the grant of Rs 31,000. Municipal primary school and aided private primary school teaching Rs. 31,000. Secondary school teachers / non-teaching staff (aided/unaided): Rs. 31,000/
‎5. Secondary school teaching staff (aided/unaided): Rs. 31,000.Teacher School Lecturer/Non-Teaching Staff (Aided/Unaided): Rs. 31,000.Teacher School Teaching Staff (Full Time) (Aided/Unaided): Rs. 31,000Social Health Volunteer (CHV): Bhaubej Gift Rs. 14,000/-
‎9. Kindergarten Teacher/Helper – Bhaubej Gift Rs. 05,000/-
‎Maharashtra Chief Minister. Devendra Fadnavis, Deputy Chief Minister. Eknath Shinde, Deputy Chief Minister. Ajit Pawar has greeted the officers and employees of the Municipal Corporation on the occasion of Diwali.
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Gadchiroli : After the surrender of commander Bhupati alias Sanu and 60 Maoists with weapons, the Naxalites got a shock, confidence in government was restored : Devendra Fadnavis

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Mumbai: The end of Maoists in Maharashtra is near. In Gudchiroli, a prominent Maoist, Venugopal Malujo alias Bhupati alias Sonu, who was active in many places, has surrendered along with his associates. 60 Maoists have surrendered before the Gudchiroli police, which is a big success for the Maharashtra Police. Maharashtra Chief Minister Devendra Fadnavis has said that the Naxalites have been eliminated from the state’s Gadchiroli area and many Maoists have surrendered and they have returned to the right path and normal life. Their faith in the Constitution of India and the administration has been restored. It is a great blessing that the Naxalites have been eliminated from the state. Soon, the 10 to 15 Maoists who are hiding in the forests will also surrender. He said that Bhupati had expressed his desire to surrender. The police were in touch with him and then he expressed his desire that he wanted to surrender to me. So I said that I am ready to go to the forest too. But Bhupati was brought here and today Bhupati has surrendered. This is a big success. With the efforts of the central and state governments, the Naxalites have now become unstable and weak, which is why many Naxalites have surrendered before.

Fadnavis has said that the red terror has ended, the surrender of Naxalites from the borders around Gudchiroli is certain, due to the crackdown on Maoists from Jharkhand, Chhattisgarh, Karnataka and other borders, Maoists have either surrendered or repented from Naxalism to a large extent. He said that under the leadership of Prime Minister Narendra Modi, Home Minister Amit Shah’s dream of a Pakistan-India relationship with the Naxalites is being realized in shame. Bhupati was a Maoist who was the backbone and ideological ideology of the Maoists. His surrender will further strengthen the police operation. He said that it is the result of the hard work of all the senior officers including Maharashtra Police DGP Rashmi Shukla and the officers involved in the Naxal operation that the Maoists’ back has been broken today. Fadnavis said that there was a reward of Rs 6 crore on the Naxalites and now this Maoist has been brought back to the right path.

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Firing in Ghatkopar : Armed man enters Darshan Jewellers, creating sensation in the area, police are actively searching for the accused.

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Mumbai: A shooting incident in Ghatkopar, Mumbai has created a sensation. A shooting incident was carried out here for robbery, after which the police reached the spot and conducted a panchanama. An armed man entered a shop in Ghatkopar Darshan Jewellers to commit a robbery. There, he put a knife to the throat of the complainant and fled. The police have started an investigation into the matter and have started searching for the unknown robbers. DCP Rakesh Ola said that an armed man had entered the shop and threatened the complainant by putting a knife to his throat. After the entry of armed unknown persons into Darshan Jewellers, a sensation spread in the area and questions have been raised about law and order. The shooting at 10:30 am has caused panic in the area. The police have formed teams in this matter and have started searching for the unknown robbers. So far, no one has been arrested in this case. At present, the police have refused to say anything more about this. DCP Rakesh Ola denied the shooting incident and said that the gunman at Darshan Jewellers had targeted the complainant and put a knife to his throat. The police are investigating the matter further.

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