Bombay High Court Chief Justice Appoints Justice AS Chandurkar As Third Judge To Hear Challenges Against 2023 IT Rules Amendment

The Chief Justice of the Bombay High Court has appointed Justice AS Chandurkar to adjudicate the clutch of petitions challenging the 2023 amendment to the IT Rules empowering the government to establish a Fact Check Unit to control information about its business on social media.

Justice Chandurkar had to be appointed after the division bench of Justices Gautam Patel and Neela Gokhale delivered different opinions or verdicts in the matter on January 31, 2024.

While Justice Patel held the Rule should be struck down in its entirety, Justice Gokhale held the Rule was intra vires. The judgement was divergent on all aspects.

On Thursday, Justice Patel said the third judge would also decide an interim application by the petitioners, seeking direction to the Union not to notify the Fact Check Unit as the division bench was in disagreement on this aspect as well.

Solicitor General Tushar Mehta said the government wouldn't notify the FCU till the third judge hears the interim application.

"The interim applications in our view, need to be decided by the reference judge as well since we are not between ourselves, in agreement on the continuance of the previous status. We specifically state that even today we have not agreed on the continuance of ad-interim or interim relief, at least not beyond the period with which Mehta has agreed to extend," the Court ordered.

Justice Patel further mentioned that a third judge was already assigned the petitions. Therefore, even the question of interim relief could be decided by the third judge.

The petitioner would now have to file a fresh application before Justice AS Chandurkar and seek circulation at the earliest.

Senior Advocate Navroz Seervai along with Advocate Minaz Kakalia appeared for Kamra.