Bombay HC asks Centre as to why interim stay on new IT Rules should not be granted

The Bombay High Court has asked the Centre to file its response by Friday (August 13, 2021) stating why an interim stay should not be granted on the implementation of the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).

Two petitions have been filed in the Bombay High Court by journalist Nikhil Wagle and The Leaflet, seeking an interim stay till the challenge is decided on merits. The petitioners have challenged the new IT Rules as being “vague” and “draconian”.

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The IT Rules 2021 have been challenged before the Delhi, Bombay, Madras, and Kerala High Courts.

However, the Court had a rider attached to the stay, as the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni also told Senior Advocate Darius Khambata, “If the Rules are held up in the final Writ Petition and the writ fails subsequently, you cannot use our stay as a shield. During the period of the stay, you must continue to engage in activities with a sword hanging over your head.”