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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

Navi Mumbai Couple Booked For Using Forged Property Papers To Secure ₹30 Lakh Home Loan

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Mumbai: The Kalachowki police have registered an FIR against Sadanand Vishwanath Darekar and his wife, Neelima Darekar, residents of Shiravane, Nerul, Navi Mumbai, for allegedly cheating the Mumbai District Central Cooperative Bank Ltd. by submitting forged documents resembling original property papers to obtain a home loan of Rs 30 lakh. The alleged fraud pertains to an outstanding principal amount of Rs 29.28 lakh.

According to the FIR, the complainant, Balu Chintu Yadav, 55, branch manager of the Lalbaug branch of the Mumbai District Central Cooperative Bank since 2020, stated that the accused had applied for a home loan in 2014 to purchase Flat No. 102, first floor, Shri Om Apartment, Shiravane (JES), Sector 1, Nerul. The loan was approved by the bank’s divisional office at Mahim on December 15, 2014.

The bank accepted purported original property documents, including an agreement showing the developer Shri Om Construction & Builders (Dnyaneshwar N. Sutar) selling the property to Tanaji Shankar Mohite in 2007, and a subsequent agreement dated February 26, 2014, showing Mohite selling the flat to Sadanand Darekar.

A legal title certificate issued by advocate Dilip V. Zore declared the property mortgageable, while a valuation report by M/s Vishal Associates assessed the property value at Rs 44.10 lakh. The property was mortgaged in favour of the bank on December 30, 2014, and the loan amount of Rs 30 lakh was disbursed via pay order to the seller on January 5, 2015.

However, the borrowers allegedly stopped paying EMIs from April 6, 2016, resulting in the account turning non-performing. Despite repeated demand notices, the dues remained unpaid. As of August 31, 2016, the outstanding principal stood at Rs 29,28,370, with accrued interest of Rs 1,92,174 at that time.

A recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960, was obtained on March 30, 2017. Acting on this, the bank took possession of the mortgaged property on November 25, 2024, through the Belapur Mandal Officer, Navi Mumbai.

During an inspection on June 26, 2025, the bank’s recovery officer noticed that instead of the Mumbai Bank’s notice, the flat door displayed a SARFAESI Act, 2002 auction notice issued by The City Cooperative Bank.

Subsequent correspondence revealed that City Cooperative Bank had also sanctioned a loan of Rs 28.50 lakh to Sadanand Darekar on September 24, 2014, against the same property, and had seized it on January 17, 2025, for loan default.

Upon verification on August 12, 2025, Mumbai Bank officials found that the documents submitted to both banks appeared identical. However, records obtained from the Sub-Registrar’s office (Thane-6) revealed discrepancies between the genuine registered documents and those submitted to Mumbai Bank, indicating that forged documents resembling originals were used to secure the loan.

Following these findings, the bank lodged a complaint at the Kalachowki police station. The police have registered a case under relevant sections of the Indian Penal Code (IPC) Act and initiated further investigation.

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Maharashtra

Mumbai: Husband arrested for killing wife over excess salt in biryani

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crime

Mumbai: A sensational case of wife murder has occurred in Mumbai. A man brutally murdered his wife in the Beganwadi area of ​​Mumbai. Surprisingly, the motive behind this bloody altercation is being reported as simply “too much salt in the biryani.” Police acted promptly and arrested the murderous husband, Manzar Imam Hussain.

A Story of Old Enmity and Violence
The family of the deceased, Nazia Parveen, told police that this was not just a one-night stand. Nazia and Manzar had a love marriage two years ago, in October 2023, but soon after their marriage, Manzar’s behavior changed. He would often assault Nazia over trivial matters. About three months ago, Manzar reached the peak of his brutality, beating Nazia so severely that she broke a tooth. Daily domestic quarrels ultimately escalated into a tragic murder. Death from Salt in Biryani

According to police, on the night of the incident, December 20th, Nazia had cooked biryani at home. When Manzar sat down to eat, they began arguing about the biryani being too salty. The argument escalated to the point where Manzar became enraged and hit Nazia’s head against the wall. Nazia died on the spot from severe head injuries and excessive bleeding.

Accused in Police Custody

Upon learning of the incident, Shivaji Nagar police arrived at the scene, took possession of the body, and registered a murder case against the accused husband under the BNS section. Police arrested Manzar Imam Hussain, who was trying to escape. Police are currently interrogating the accused to piece together all aspects of this heinous crime.

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Maharashtra

Kirit Somaiya and Nitesh Rane are only spreading hatred in the name of Hindu-Muslim relations, and creating suspicion is their agenda: Abu Asim Azmi

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ABU ASIM AZMI

Mumbai: The BJP is engaging in politics of chaos and hatred in the name of Hindus and Muslims for votes. What wrong have Muslims done that Kirit Somaiya and Nitesh Rane are constantly spewing venom against them? They talk about brotherhood, but they have no constructive thinking or strategy to fight corruption. That’s why Hindus and Muslims continue to do the same thing day and night to benefit themselves and create divisions in society. By inciting hatred between Hindus and Muslims, they are creating an atmosphere of hatred in society. This serious allegation was made by Abu Asim Azmi, leader of the Maharashtra Samajwadi Party and member of the Workers’ Assembly. He said that when Khan became the mayor of Mumbai, where were the Muslims, but the BJP has started making it an issue and is trying to scare Hindus in the name of Muslims. Muslims say that someone from Mumbai should be elected mayor so that the city can develop, but an attempt has been made to create divisions in the name of the mayor. Based on a survey conducted a year ago, it is being said that Mumbai’s demographics are changing and the number of Bangladeshi infiltrators has increased. Azmi stated that the government needs to focus on where illegal Bangladeshis are coming from, what the government is doing, and why this infiltration is occurring. However, the way Muslims are being harassed in the name of Bangladeshis is wrong. He stated that radical Muslim leaders are advising Hindus to increase their population. Regarding Navneet Rane’s comment, Abu Asim Azmi said, “Who stopped her from having forty children? But she shouldn’t create suspicion in the name of Hindus and Muslims. This is very harmful. There is a political agenda to create hatred against Muslims. Ahead of the BMC elections, Soumya and Nitesh Rane have become agitated and are spewing venom against Muslims. This should be banned.”

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