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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

Two arrested along with adulterated milk in Mumbai Goregaon

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Mumbai: Crime Branch Unit 11 has claimed to have arrested two people for adulterating milk. They used to adulterate the milk of a renowned company by mixing dirty water in it and re-sealing the bag at Anchor Building Siddhi Vinayak Seva Mandal Prem Nagar on Goregaon Link Road. During the raid, the Crime Branch seized 224 bags of adulterated milk worth Rs 39,000. In this regard, the Crime Branch took the Municipal Officer along with the Health Department to the spot and raided, after which both of them were arrested and the adulterated milk was seized, which is harmful to human health. The Crime Branch is investigating the matter further. The case has been registered with the police. This information was given here today by DCP of Mumbai Crime Branch, Nonath Dhola.

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Maharashtra

Govt waives Rs 48,000 crore electricity bill arrears for farmers: Maha CM

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Mumbai, July 15: In a major relief for the agricultural sector, Maharashtra Chief Minister Devendra Fadnavis on Wednesday announced a massive Rs 48,000 crore waiver on outstanding electricity bill arrears for the state’s farmers.

Speaking at a farmers’ gratitude ceremony organised by Bharatiya Janata Party (BJP) Kisan Morcha, the Chief Minister stated that the decision aims to provide a completely clean slate for farmers, allowing them to script a new future.

While the state government already provides free electricity to farmers for pumps up to 7.5 horsepower (HP), this decision will wipe out all historical dues. CM Fadnavis emphasised that temporary financial relief is not the ultimate solution for agricultural distress.

Supported by an annual Rs 25,000 crore power subsidy, the Solar Pump and Solar Agricultural Feeder schemes currently provide daytime electricity to 76 per cent of the state’s farmers.

Fadnavis assured that 100 per cent of farmers will receive daytime power by the end of this year. While farmers currently do not receive active bills for using these 7.5 HP motor pumps to irrigate their lands, older unpaid dues remain registered in their names, preventing them from securing any new power connections, said the Chief Minister.

“Our government has decided to write off Rs 48,000 crore in old electricity bills. The farmer’s slate must be wiped clean so they can write a new history of progress,” he stated.

Fadnavis highlighted the government’s transition toward solar and sustainable energy to benefit rural communities. Around 76 per cent of the state’s farmers are currently receiving free electricity during the day. The government aims to scale this up to cover 100 per cent of farmers with free, daytime agricultural power by the end of this year.

Fadnavis clarified that the Rs 40,000 crore loan waiver and the newly announced electricity waiver were calculated policy decisions rather than election stunts.

He said the government did not make this decision with an eye on the upcoming elections, adding that they had promised relief during the assembly elections, and that the people of Maharashtra gave the BJP-Mahayuti an unprecedented mandate.

He stated that their decisions are guided strictly by the welfare of the farmers, not by political balancing acts, taking a swipe at opposition parties for using agrarian issues for political posturing.

He further stated that loan waivers are not a permanent fix. If a state has to repeatedly waive loans, it clearly indicates that the agricultural sector is under severe stress. The only real solution is to make farming profitable by introducing modern techniques, advanced technology, and robust capital investment.

Highlighting the government’s initiatives since 2014, the Chief Minister pointed to successful structural interventions. The Jalyukt Shivar (water conservation scheme) and Magel Tyala Shettale (farm ponds on demand) initiatives have enabled millions of farmers to transition from single-crop setups to harvesting up to three crops a year.

The government is heavily promoting group farming to reduce production costs, boost yields, and help local produce break into global markets. He added that previous rigid conditions tied to the loan waivers have now been relaxed to ensure maximum reach.

The state is also heavily incentivising natural farming practices and the conservation of indigenous cattle breeds to improve soil health and lower input costs. To sustainably fund agricultural relief, the Chief Minister outlined an economic strategy that leverages high tax yields from booming industrial and service sectors to reinvest directly into rural infrastructure.

Addressing the fact that 52 per cent of Maharashtra remains drought-prone, CM Fadnavis unveiled an ambitious river-linking and water grid blueprint. The Wainganga-Nalganga project will divert surplus rainwater into the Godavari and Tapi basins. The plan includes constructing 24 new dams and increasing the height of 16 existing reservoirs.

The government plans to redirect 200 TMC of floodwater from Western Maharashtra to the arid Marathwada region via diversion bunds. Additionally, nearly 275 TMC of water from the Ulhas basin will be channelled to North Maharashtra and Marathwada.

“Merely dreaming is not enough; fulfilling those dreams is my mission,” CM Fadnavis concluded, noting that the state has planned long-term water and agricultural projects worth Rs 6 lakh crore. “Once these works are completed, the next generation of Maharashtra will never have to witness a drought.”

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Maharashtra

Car catches fire inside Coastal Road Tunnel

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A moving car caught fire inside the Coastal Road Tunnel in Mumbai this afternoon. The incident took place in the Gali Tunnel leading from Haji Ali to Worli. Fire brigade, police and ambulance teams reached the spot on receiving information.

According to initial information, the Mumbai Fire Brigade Control Room received a report at around 12:25 pm that a car suddenly caught fire while passing through the Coastal Road Tunnel towards Worli.
On receiving the information, teams of Mumbai Fire Brigade, Mumbai Police and 108 Ambulance Service immediately reached the spot and started relief and rescue work. Currently, there is no report of any injury due to the incident. The cause of the fire is not yet known and the concerned agencies are investigating the matter.

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