IT Rules Amendment: After Bombay HC Split Verdict, Third Judge To Hear Interim Application Against 'Fact Check Unit' From Feb 28

Justice AS Chandurkar of the Bombay High Court will hear petitions challenging the 2023 amendment to the IT Rules for grant of interim relief on 28th, 29th February and March 1, 2024.

The petitioners in their interim application have sought stay on the notification for formation of Fact Check Unit (FCU) till the petitions are finally decided.

During the hearing today, Solicitor General Tushar Mehta said, "I have made a statement that we will not notify the FCU till the interim application is decided...We will not inconvenience Your Lordship."

The 2023 amendment to the IT Rules empowers the government to establish an FCU to identify fake and misleading information about its business on social media.

Chief Justice DK Upadhyaya assigned the matter to Justice Chandurkar after the division bench of Justice Gautam Patel and Justice Neela Gokhale delivered a split verdict 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.

Justice Patel had said that the third judge would decide the interim application seeking direction to the Union not to notify the FCU as the division bench was in disagreement on this aspect as well.

Thereafter, Mehta had made the statement that the government would not notify the FCU till the third judge hears the interim application.