IT Rules 2021 : Madras High Court Grants Further Time To Union To File Affidavit

The Madras High Court on Friday granted further time to the Union of India to file its response to petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The Court is currently adjudicating upon a bunch of petitions challenging the constitutionality of the IT Rules, 2021. 

Petitions have been filed by acclaimed Carnatic vocalist and Ramon Magsaysay awardee TM Krishna, Digital News Publishers Association (DNPA) as well as journalist Mukund Padmanabhan, challenging the constitutionality of the IT, and seeking a declaration of the same as "ultra vires, void and violative of Articles 14, Article 19(1)(a) and 19(1)(g) of the Constitution of India". 

On the last date of hearing, the Bench comprising Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu had taken serious objection to the delay in filing of counter affidavit by the Union government to petitions challenging the validity of the IT Rules, 2021.

"Learned Additional Solicitor General should explain why appropriate measures should not be taken against those responsible for not filing the counter-affidavit on behalf of the Union despite the previous directions", the Bench had observed. 

On Friday, it was brought to the notice of the Bench that the Union was yet to file their response. Additional Solicitor General R. Sankaranayaranan informed the Bench that the counter affidavit was being prepared and sought one last extension to submit Union's response. 

To this, the Bench chided the Union for the repeated delay in filing their response and accordingly granted the Union 10 days more time to file their counter affidavit. The matter is slated to be heard next after 2 weeks. 

In a related development, the Centre filed an affidavit before the Bombay High Court opposing stay of IT Rules.

Case Title: Digital News Publishers Association v. Union of India