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Delhi High Court - Orders

Facebook Inc vs Union Of India on 14 August, 2024

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                                          $~13, 14, 22 to 36, 41, 45 & 48
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          (13)
                                          +    W.P.(C) 7281/2021, CM APPL. 22944/2021 & CM APPL.
                                               46798/2024

                                                      FACEBOOK INC.                                                              .....Petitioner
                                                                                         Through:                Mr. Varun Pathak, Ms. Amee Rana
                                                                                                                 and   Mr.    Yash      Karunakaran,
                                                                                                                 Advocates
                                                                                         versus

                                                      UNION OF INDIA                                                              .....Respondent
                                                                    Through:                                     Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI.
                                                                                                                 Mr. Sandeep Arya and Mr. Vikram
                                                                                                                 Singh, Advocates for applicant/
                                                                                                                 Impleader.
                                          (14)
                                          +           W.P.(C) 7284/2021, CM APPL. 22951/2021 & CM APPL.
                                                      46558/2024

                                                      WHATSAPP LLC                                                                 .....Petitioner
                                                                                         Through:                Mr. Tejas Karia, Ms. Swati Agarwal,
                                                                                                                 Mr. Shashank Mishra, Ms. Akshi
                                                                                                                 Rastogi, Mr. Parv Kaushik and Ms.
                                                                                                                 Vedika Rathore, Advocates
                                                                                         versus

                                                      UNION OF INDIA                                                              .....Respondent
                                                                    Through:                                     Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI.




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:12
                                                                                                                  Mr. Sandeep Arya and Mr. Vikram
                                                                                                                 Singh, Advocates for applicant/
                                                                                                                 Impleader.
                                          (22)
                                          +    W.P.(C) 4912/2024, CM APPL. 20090/2024 & CM APPL.
                                               20091/2024
                                               T.V. TODAY NETWORK LIMITED AND ANR .....Petitioners
                                                              Through: Mr. Hrishikesh Baruah, Mr. Anurag
                                                                       Mishra, Mr. Rudraksh Kaushal and
                                                                       Mr. Utkaresh Dwivedi, Advocates
                                                              versus

                                                      UNION OF INDIA AND ORS                   .....Respondents
                                                                    Through: Mr. Tejas Karia, Mr. Varun Pathak,
                                                                             Ms. Amee Rana, Ms. Vibhuti
                                                                             Vashisth and Mr. Tejpal Singh
                                                                             Rathore, Advocates for R-2.
                                          (23)
                                          +    W.P.(C) 7528/2024, CM APPL. 31345/2024 & CM APPL.
                                               31346/2024

                                                      AMOL PALEKAR                                                                .....Petitioner
                                                                  Through:                                       Mr. Mrigank Prabhakar and Mr.
                                                                                                                 Gautam Prabhakar, Advocates
                                                                                         versus
                                                      UNION OF INDIA AND ANR             .....Respondents
                                                                    Through: Mr. Chetan Sharma, ASG with Mr.
                                                                             Apoorv Kurup, CGSC and Ms. Nidhi
                                                                             Mittal and Mr. Amit Gupta,
                                                                             Advocates for UOI.
                                          (24)
                                          +    W.P.(C) 9137/2024
                                                      PRAVEEN ARIMBRATHODIYIL                .....Petitioner
                                                                  Through: Mr. Sidharth Chopra, Ms. Swikriti
                                                                           Singhania, Mr. Vivek Ayyagari, Mr.
                                                                           Srishti Kumar, Ms. Astha Sehgal and
                                                                           Mr. Nitin Sharma, Advocates




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:12
                                                                                          versus

                                                      UNION OF INDIA AND ANR                                                      .....Respondents
                                                                                         Through:                Ms. Manisha Agrawal Narain, CGSC
                                                                                                                 with Mr. Chandandeep Singh and Mr.
                                                                                                                 Sandeep Singh Somaria, Advocates
                                          (25)
                                          +           W.P.(C) 3125/2021, CM APPL. 9491/2021 & CM APPL.18918/2021

                                                      FOUNDATION FOR INDEPENDENT JOURNALISM & ORS
                                                                                        .....Petitioners
                                                                                         Through:                Mr. Prasanna S and Ms. Apoorva
                                                                                                                 Singh, Advocates
                                                                                         versus

                                                      UNION OF INDIA & ANR                                                         .....Respondents
                                                                                         Through:                Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI
                                          (26)
                                          +           W.P.(C) 3483/2021 & CM APPL. 27226/2021
                                                      SANJAY KUMAR SINGH                                                          .....Petitioner
                                                                                         Through:                Mr. Sidharth Chopra, Ms. Swikriti
                                                                                                                 Singhania, Mr. Vivek Ayyagari, Mr.
                                                                                                                 Srishti Kumar, Ms. Astha Sehgal and
                                                                                                                 Mr. Nitin Sharma, Advocates
                                                                                         versus

                                                      UNION OF INDIA & ORS                                                        .....Respondents
                                                                                         Through:                Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:13
                                           (27)
                                          +           W.P.(C) 3659/2021,                               CM            APPL.   11097/2021      &       CM
                                                      APPL.18916/2021

                                                      QUINT DIGITAL MEDIA LIMITED & ANR                                           .....Petitioners
                                                                                         Through:                Mr. Prasanna S and Ms. Apoorva
                                                                                                                 Singh, Advocates
                                                                                         versus

                                                      UNION OF INDIA & ANR                                                        .....Respondents
                                                                                         Through:                Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI
                                          (28)
                                          +    W.P.(C) 5973/2021 & CM APPL.18880/2021
                                                      PRAVDA MEDIA FOUNDATION                                                     .....Petitioner
                                                                                         Through:                Mr. Aaditya Vijay Kumar, Ms.
                                                                                                                 Akshita Katoch and Ms. Navya
                                                                                                                 Nanda, Advocates
                                                                                                                 Mr. Prasanna S and Ms. Apoorva
                                                                                                                 Singh, Advocates (through VC)
                                                                                         versus

                                                      UNION OF INDIA & ANR                                                        .....Respondents
                                                                                         Through:                Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI.

                                          (29)
                                          +    W.P.(C) 6188/2021 & CM APPL. 19591/2021
                                                      THE PRESS TRUST OF INDIA LIMITED          .....Petitioner
                                                                    Through: Mr. M.N.B. Joshi and Mr. Anurag
                                                                              Ranjan, Advocates




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:13
                                                                                          versus

                                                      UNION OF INDIA & ANR                                                         .....Respondents
                                                                                         Through:                Mr. Kirtiman Singh, CGSC with Mr.
                                                                                                                 Waize Ali Noor, Mr. Ranjeev
                                                                                                                 Khatana, Mr. Varun Pratap Singh,
                                                                                                                 Advocates for UOI
                                          (30)
                                          +    W.P.(C) 6219/2024
                                                      LIVE LAW MEDIA PRIVATE LIMITED AND ORS
                                                                                          ....Petitioners
                                                                                         Through:                Ms. Vrinda Bhandari, Mr. Abhinav
                                                                                                                 Sekhri, Ms. Anandita Rana and Ms.
                                                                                                                 Gayatri Malhotra, Advocates (through
                                                                                                                 VC)
                                                                                         versus

                                                      UNION OF INDIA AND ANR                                                       .....Respondents
                                                                                         Through:
                                          (31)
                                          +           W.P.(C) 6220/2024
                                                      BHAKTA TRIPATHY                                                              .....Petitioner
                                                                                         Through:                Mr. Sidharth Chopra, Ms. Swikriti
                                                                                                                 Singhania, Mr. Vivek Ayyagari, Mr.
                                                                                                                 Srishti Kumar, Ms. Astha Sehgal and
                                                                                                                 Mr. Nitin Sharma, Advocates

                                                                                         versus

                                                      UNION OF INDIA AND ORS                                                       .....Respondents
                                                                                         Through:                Ms. Pratima N. Lakra, CGSC with
                                                                                                                 Ms. Yashika Garg and Mr. Chandan
                                                                                                                 Prajapati, Advocates for UOI




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:13
                                           (32)
                                          +           W.P.(C) 6375/2024
                                                      T M KRISHNA                                                                  .....Petitioner
                                                                                         Through:                Ms. Vrinda Bhandari, Mr. Abhinav
                                                                                                                 Sekhri, Ms. Anandita Rana and Ms.
                                                                                                                 Gayatri Malhotra, Advocates (through
                                                                                                                 VC)
                                                                                         versus

                                                      UNION OF INDIA ANR                                                           .....Respondents
                                                                    Through:
                                          (33)
                                          +           W.P.(C) 6390/2024
                                                      THE NEWS BROADCASTERS ASSOCIATION AND ORS
                                                                                                                                     .....Petitioners
                                                                                         Through:                Ms. Nisha Bhambhani, Mr. Rajat
                                                                                                                 Arora & Ms. Mariya Shahab,
                                                                                                                 Advocates
                                                                                         versus

                                                      MINISTRY OF ELECTRONICS AND
                                                      INFORMATION TECHNOLOGY AND ANR                                               .....Respondents
                                                                                         Through:
                                          (34)
                                          +           W.P.(C) 6391/2024
                                                      DIGITAL NEWS PUBLISHERS ASSOCIATION .....Petitioner
                                                                    Through: Mr. Nachiket B. Joshi, Mr. Shivek
                                                                             Trehan,    Ms.    Rishika  Goyal,
                                                                             Advocates (through VC)
                                                                    versus

                                                      UNION OF INDIA AND ANR                                                       .....Respondents
                                                                    Through:




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:14
                                           (35)
                                          +           W.P.(C) 6393/2024
                                                      TRUTH PRO FOUNDATION INDIA                                                  .....Petitioner
                                                                                         Through:                Mr. Sidharth Chopra, Ms. Swikriti
                                                                                                                 Singhania, Mr. Vivek Ayyagari, Mr.
                                                                                                                 Srishti Kumar, Ms. Astha Sehgal and
                                                                                                                 Mr. Nitin Sharma, Advocates

                                                                                         versus

                                                      UNION OF INDIA                                                              .....Respondent
                                                                                         Through:
                                          (36)
                                          +           W.P.(C) 7377/2024
                                                      NIKHIL MANGESH WAGLE                                                        .....Petitioner
                                                                                         Through:                Mr. Sidharth Chopra, Ms. Swikriti
                                                                                                                 Singhania, Mr. Vivek Ayyagari, Mr.
                                                                                                                 Srishti Kumar, Ms. Astha Sehgal and
                                                                                                                 Mr. Nitin Sharma, Advocates

                                                                                         versus

                                                      UNION OF INDIA                                                              .....Respondent
                                                                    Through:
                                          (41)
                                          +           W.P.(C) 7376/2024
                                                      AGIJ PROMOTION OF NINETTENONEA
                                                      MEDIA PVT LTD AND ORS                                                       .....Petitioners
                                                                   Through:

                                                                                         versus

                                                      UNION OF INDIA AND ANR                                                      .....Respondents
                                                                    Through:




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:14
                                           (45)
                                          +           W.P.(C) 11055/2024
                                                      SAYANTI SENGUPTA                                                             .....Petitioner
                                                                                         Through:

                                                                                         versus

                                                      UNION OF INDIA AND ANR                                                       .....Respondents
                                                                                         Through:
                                          (48)
                                          +           W.P.(CRL) 2415/2024
                                                      WHATS APP LLC                                                                .....Petitioner
                                                                                         Through:                Mr. Tejas Karia, Ms. Swati Agarwal,
                                                                                                                 Mr. Shashank Mishra, Ms. Akshi
                                                                                                                 Rastogi, Mr. Parv Kaushik, and Ms.
                                                                                                                 Vedika Rathore, Advocates

                                                                                         versus

                                                      UNION OF INDIA AND ORS                                                       .....Respondents
                                                                                         Through:                Mr. Tejas Karia, Mrs. Swati Agarwal,
                                                                                                                 Mr. Shashank Mishra, Ms. Akshi
                                                                                                                 Rastogi, Mr. Parv Kaushik and Ms.
                                                                                                                 Vedika Rathore, Advocates

                                                      CORAM:
                                                      HON'BLE THE ACTING CHIEF JUSTICE
                                                      HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                                         ORDER

% 14.08.2024

1. Some of the matters listed today have been received by way of transfer from the Supreme Court.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:16

2. It is pertinent to mention that the common issue in the entire batch of matters listed today is the constitutional challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3. Learned counsel for Whats App LLC states that certain matters, which are pending consideration before the Supreme Court have been wrongly tagged with the present batch namely W.P.(C) 677/2021, W.P.(C) 1355/2021 and W.P.(C) 2947/2021.

4. Consequently, the said three matters are directed to be deleted from the cause list.

5. Learned counsel for the petitioners also point out that all the matters that have been transferred are not listed today like W.P.(C) 25619/2021 filed in Madras High Court and W.P.(Crl.) 186/2024 filed in Kerala High Court.

6. Registry is directed to ensure that the said files are received and numbered before the next date of hearing.

7. Learned counsel for the petitioners states that various facets of Rules 2021 have been challenged in the petitions listed today. They pray that the matters be segregated and heard issue wise.

8. This Court is of the view that it would be appropriate to appoint one Coordinator for the petitioners and the respondents, so that the matters can be segregated issue wise.

9. With the consent of the parties, Mr. Shashank Mishra (Mob No. 8447605059) is appointed as Coordinator on behalf of petitioners. Mr.Kirtiman Singh is appointed as Coordinator on behalf of respondents. They shall segregate the matters issue wise and furnish their segregated list to the Registry, who shall act accordingly.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:17

10. Parties are directed to complete the pleadings within four weeks. The contesting parties shall file their written submissions not exceeding three pages along with the judgments that they seek to rely upon.

11. At this stage, this Court is informed that the Apex Court has also transferred matters challenging the vires of Cable Television Network Amendment Rules, 2021 to this Court.

12. The Registry is directed to list the said batch of Cable Television Network Amendment Rules, 2021 along with the present batch. However, the Registry shall show those matters as separate and independent matters.

13. List the matters for hearing on 14th October 2024. CM APPL. 46798/2024 in W.P.(C) 7281/2021

14. Present application has been filed under Order I Rule 10 CPC for impleadment of applicant-FDPPI.

15. Issue notice.

16. Learned counsel for the non-applicants accept notice. They pray for and are permitted to file their reply affidavits before the next date of hearing.

17. List on 14th October 2024.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 14, 2024 Aj This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 05:09:18