The Supreme Court on Friday transferred to the Delhi High Court petitions pending before different High Courts across the country against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The order was passed to enable an analogous hearing on the issues, considering that a large number of petitions were already pending before Delhi High Court.
The bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra was dealing with a batch of pleas when it passed the order. Notably, some of these were transfer petitions filed by the Centre and some were special leave petitions filed against interim orders of the High Courts, whereby certain provisions of the IT Rules, 2021 were stayed. One was a writ petition.
The underlying petitions in the transfer cases were directed to be transferred to Delhi High Court and the SLPs seeking modification of High Courts’ orders were disposed of with liberty to the Centre to make necessary prayer before the Delhi High Court. The writ petition, lodged under Article 32, was withdrawn, with a submission that the petitioner will move the Delhi High Court.
After it was pointed out that there are other petitions pending before High Courts, where notices have not been issued, the top court bench clarified that all such cases shall also go before Delhi High Court on moving of appropriate applications by either party. It was further ordered that the relevant paperbooks shall be transferred by the High Courts to the Delhi High Court within 4 days.
During the hearing, Advocate Rajat Nair appearing for the Centre, informed the Court on behalf of the Union that a total of 14 petitions were pending on the issue before High Courts of Karnataka, Madras, Calcutta, Kerala and Bombay. The counsel pleaded that the matters could be transferred to any High Court so that an analogous hearing could be given and finality attained on the writs.
Considering the submissions, the bench asked the counsels present to suggest the High Court to which the matters should be transferred. Appearing for some respondents, Senior Advocate Amit Sibal beseeched the court to transfer the cases to Kerala High Court, asserting that multiple petitions were already pending there and the said course would be quickest.
Meanwhile, Justice Roy remarked that all the lawyers that he sees in front of him are based in Delhi. Agreeing, Advocate Nair added that Delhi High Court would be the most convenient forum because offices of the organizations are in the national capital.
Responding to the convenience remark, Advocate Sibal commented that it is only for the lawyers.
Eventually, almost all advocates voiced a preference for Delhi High Court. When Justice Roy asked for a good reason to transfer the petitions to the Delhi High Court, Advocate Nair stated that there are a total 5 matters pending for the said High Court.