Maharashtra
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
Parbhani custodial death: Prakash Ambedkar demands solatium, survey of victims of police brutality
Mumbai, Dec 28: Adopting a tough stance, the Vanchit Bahujan Aghadi (VBA) called upon Chief Minister Devendra Fadnavis to order a survey of victims of police brutality in the wake of the recent death of a Dalit man in judicial custody, here on Saturday.
VBA President Prakash Ambedkar met Fadnavis and submitted a memorandum of demands pertaining to the ‘foul death’ of the Dalit law student, Somnath Vyankat Suryawandi, 35, on December 15, and other issues.
Ambedkar claimed that the CM has agreed to survey and provide a list of the victims of police high-handedness in Parbhani and ensure that they are adequately compensated.
The VBA head has urged the CM to file an FIR against the police officers who allegedly brutalised Suryawanshi and other innocent victims while probing the Parbhani incidents, ordered a ‘lathi-charge’ without clearance from the seniors, plus compensation for those Dalits whose homes have been demolished, and probe by a retired district or high court judge.
The VBA chief further asked the government to hike the compensation amount of Rs 10 lakh to Rs 1 crore for Suryawanshi’s next of kin, plus ensure a government job to a member of his immediate family.
In view of the upcoming seventh anniversary of the infamous Koregaon-Bhima caste riots of January 1, 2018, the VBA chief urged the CM to direct the police to monitor all misinformation against the Dalits and thwart any kind of violence anywhere on New Year’s Day.
The CM has also agreed to VBA’s demand to carry out a survey and cancel the Direct Benefit Transfer (DBT) scheme for tribal students and revert back to the old system, said Ambedkar.
It may be recalled that Suryawanshi was arrested (December 12) after the defiling of a statue of Dr B. R. Ambedkar near the Parbhani Railway Station (December 10), followed by massive violence on December 11.
However, barely 72 hours later on December 15, Suryawanshi was found dead in judicial custody, setting loose a political storm that continues to rage.
Leader of the Opposition in Lok Sabha Rahul Gandhi and other top Maha Vikas Aghadi (MVA) leaders went to meet the Suryawanshi family.
After consoling the family (December 23), Rahul Gandhi launched an unprecedented direct attack on the MahaYuti government contending that Suryawanshi was ‘murdered’ as he was a Dalit and attempting to safeguard the Constitution, plus accused that the CM had ‘lied’ before the legislature.
Opposition leaders who called on the Suryawanshi family include Nationalist Congress Party (SP) President Sharad Pawar, besides representatives of Shiv Sena (UBT), VBA, Maharashtra Navnirman Sena and others.
Crime
Beed sarpanch murder: Kin, Maha Oppn parties, social groups take out silent march
Beed (Maharashtra), Dec 28: Various Opposition parties, social groups and non-government organisations in Maharashtra on Saturday took out a massive ‘silent procession’ to protest the murder of Massajog village Sarpanch, Santosh Pandit Deshmukh.
Deshmukh, 45, was kidnapped, brutally tortured and then killed near a windmill company because he was attempting to stop an extortion racket. His killing has sparked a massive political furore in Maharashtra.
Sporting black masks or arm bands, carrying banners, placards and photos of Deshmukh, top leaders of various parties joined several thousands, including many women and youth for the silent march.
The silent march began from a statue of Dr B.R. Ambedkar and ended at the Beed Collectorate offices.
Among the participants were members of the bereaved Sarpanch’s family, comprising his widow, teen daughter Vaibhavi, brother, sister and hundreds of villagers supporting them.
Besides, there were Maharashtra Swarajya Party President Chhatrapati Sambhajiraje Bhosale, Nationalist Congress Party (SP) General Secretary and Mumbra-Kalwa (Thane) MLA Dr. Jitendra Awhad, NCP (SP) Beed MP Bajrang M. Sonawane, Bharatiya Janata Party (BJP) Ashthi MLA Suresh, Maratha leader and Shivba Sanghatana head Manoj Jarange-Patil, anti-graft crusader Anjali Damania, Shiv Sena (UBT) leaders, and local activists.
The posters-placards carried slogans demanding “justice for Deshmukh”, and arrest of the prime absconder-suspect Walmik Karad and two more, booking the mastermind/s behind the gruesome killing including a prominent ruling MahaYuti ally Nationalist Congress Party minister, plus others.
Deshmukh’s killing shot into national headlines with top leaders of the Maha Vikas Aghadi (MVA) calling on the Deshmukh family, offering solace and assuring that they would take up the issue with the Maharashtra and central governments, even as it was raised in the Assembly last week, and the government promised strict action.
Simultaneously, parts of Beed town and the Massajog village observed a spontaneous shutdown as the locals kept all business establishments, schools, colleges and other private offices shut to join the silent march.
The Marathi Kranti Thok Morcha has demanded that the Deshmukh murder case should be investigated on priority and the trial assigned to a fast-track court in Mumbai (instead of Beed) for transparency, ensuring the maximum punishment for all the accused, invoking the anti-corruption Act, etc.
Maharashtra
Mumbai: Major Fire Breaks Out At Wajid Ali Compound In Saki Naka; Visuals Surface
Mumbai: A massive fire broke out in early hours of Thursday at the Wajid Ali Compound, located in the India Market area on Khairani Road, Saki Naka in Kurla West. The fire, classified as a Level-III emergency, broke out at approximately 6:00 am and engulfed a large area of scrapped and plastic materials stored in godowns.
Details On The Fire
According to the Mumbai Fire Brigade (MFB), the blaze spread over an area of about 1,000 x 500 sq. feet, impacting the ground floor and a partially constructed first floor of the structure. Ten hose lines were deployed to combat the flames as firefighters worked relentlessly to control the situation. Visuals of the massive blaze have surfaced on the internet.
The MFB declared the incident a Level-III emergency at 7:21 am, escalating response efforts. Resources mobilised included 11 fire engines, 9 jumbo tankers, 11 advanced water tenders and 1 multipurpose water tanker. A team of senior fire officials, including a Deputy Chief Fire Officer, Divisional Fire Officers and Assistant Divisional Fire Officers, were present at the site to oversee operations.
No Injuries Reported So Far
Fortunately, no injuries or casualties have been reported so far. Emergency medical services, including a 108 ambulance, were stationed at the scene as a precautionary measure.
The fire caused substantial damage to the storage facility, which housed a huge quantity of plastic and scrapped materials, but authorities have yet to determine the exact cause of the blaze.
Efforts are ongoing to fully extinguish the fire and assess the extent of the damage. Investigations will be conducted to establish the cause of the incident. Further updates are awaited.
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