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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

Palghar Fraud: Nalasopara Gym Trainer, Wife Booked For Duping Mumbai Cosmetics Shop Owner Of Over ₹1.27 Crore In Investment Scam

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Palghar, Maharashtra: The Tulinj Police have registered a case against a gym trainer and his wife from Nalasopara for allegedly duping a Mumbai-based cosmetics shop owner of over ₹1.27 crore under the pretext of a profitable gym business investment.

Victim Details and Investment

According to police, the complainant, Ashokkaraman Van (28), originally from Gujarat and currently residing in Elphinstone, Mumbai, stated that in 2022 he and his friend Valjibhai Ravariya were persuaded by Abhishek Singh, a fitness trainer, and his wife Poonam Shukla to invest in a new gym project at Sitaram Complex, Santosh Bhavan, Nalasopara (East), Palghar district.

The couple allegedly promised high returns and assured them that the investment would be safe. Convinced by the assurances, Van invested ₹1,27,63,000 into the venture. However, despite repeated follow-ups, neither profits nor the principal amount were returned.

FIR Filed for Cheating and Criminal Breach of Trust

Realizing that they had been cheated, the complainant approached police, leading to the registration of an FIR under sections 316(2), 316(5), 31(8)(4), and 3(5) of the Indian Penal Code, pertaining to criminal breach of trust and cheating.

Investigation Underway

Police confirmed that no arrests have been made so far. The case is under investigation by Inspector Anand Pednekar of Tulinj Police Station.

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Crime

Mumbai Crime: 26-Year-Old Woman Allegedly Assaults Female Ticket Checker At Goregaon Station; Case Registered

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Mumbai: The Borivali railway police have registered an FIR against a 26-year-old woman for allegedly assaulting a woman ticket checker on Wednesday after a dispute over showing a ticket. The accused has been identified as Sony Chauhan, 26. The case was registered on August 20, subsequently, the police issued a notice to the accused.

Incident on Local Train

According to the police, the incident occurred on Wednesday at 3:25 pm at the Goregaon ticket checker office at the railway station. The complainant, Geeta Pandoria, 52, works as a ticket checker with the railways and resides in Andheri East. She had boarded a slow local train from Andheri to Borivali from platform number 3 at Andheri station.

Before the train reached Goregaon station, Pandoria asked passenger Sony Chauhan to show her ticket. Chauhan was unable to produce one as she had not purchased it. The ticket checker then got down with her at Goregaon railway station’s platform number 2 and took her to the ticket checker’s office.

There, Chauhan allegedly began arguing with Pandoria, verbally abused her, threatened to harm her, physically assaulted her by beating and twisting her left hand, and obstructed her from performing her official duty. The ticket checker sustains the middle finger of the left hand.

Case Registered Under IPC

Following the complaint, the Borivali railway police registered a case against Chauhan under Sections 132 (assault or criminal force to deter a public servant from discharge of duty), 115(2) (voluntarily causing hurt), 352 (intentional insult to provoke breach of peace), and 351 (criminal intimidation) of the Bharatiya Nyaya Sanhita. The accused resides in Andheri East.

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Maharashtra

Eknath Shinde-led Shiv Sena Faces Setback As Ex-Palghar Zilla Parishad Chief Prakash Nikam, Along With Other Prominent Leaders, Defects To BJP

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Palghar: Eknath Shinde’s Shiv Sena faced a major setback in Palghar as important leaders switched allegiance to the BJP, such as former Zilla Parishad President Prakash Nikam and multiple office bearers. In a demonstration of power, more than two hundred vehicles, spearheaded by BJP district president Bharat Rajput, departed for Mumbai, signaling a tactical step before local body elections.

Notable individuals like Sarika Nikam, Purnima Dhodi, and Ghanshyam More became members of the BJP at an event with state president Ravindra Chavan. The BJP’s enlistment of individuals from the Shinde and Thackeray factions, as well as the Nationalist Congress Party, has heightened the regional political atmosphere. By incorporating six members from the Gram Panchayat, the BJP is likely to take control of Saravali Gram Panchayat, which is strategically located near the Tarapur Industrial Estate.

The roster of individuals defecting to the BJP features: Prakash Nikam, Sarika Nikam, Yuva Sena coordinator Ricky Ratnakar, Anand Dhodi, Purnima Dhodi, Ghanshyam More, Kamlakar Dalvi, and Virendra Patil, whose daughter previously worked in the municipal sector. Prakash Nikam conveyed his discontent with the Shiv Sena, pointing out disrespect and exclusion from party events, while Anand Dhodi voiced comparable feelings of being overlooked at district meeting.

Both mentioned unresolved issues and continuous insults as reasons for their exit. Under the guidance of Chavan and Rajput, the BJP is gearing up to focus on strengthening its hold in the district in anticipation of forthcoming elections, utilizing the dissatisfaction among Shiv Sena to amplify its presence in Palghar.

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