[IT Rules challenge] Supreme Court stays proceedings before High Courts after Central government seeks transfer to SC

The Supreme Court on Monday the stayed the proceedings pending before various High Courts challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021)..The order was passed by a bench of Justices AM Khanwilkar and Abhay Oka in a bunch of petitions seeking guidelines to prevent hate speech. The direction came about after Solicitor General (SG) Tushar Mehta, representing the Central government, pointed out that there are different sets of petitions - some challenging the IT Rules and others seeking to regulate Over The Top (OTT) platforms."Some have challenged part 2 of IT rules and some have challenged part 3 of IT rules. Some High Courts have stayed statutory provisions, we have appealed against that. Kerala, Bombay and Delhi High Courts have stayed (IT Rules provisions)," he said.He submitted that the Centre has already filed a petition to transfer all such matters to the apex court. The SG, therefore, sought a stay on High Court proceedings to which the Court agreed. "Issue notice in all cases where notice is pending. Returnable on May 19. We direct stay of further proceedings pending before the High Court in respective cases or to be filed hereafter until next date of hearing involving challenge to IT rules or Cable TV amendment rules," the Court directed. The Court, however, did not stay any of the interim orders passed by various High Courts. The matter will be heard again on May 19. .The transfer plea contended that if such individual petitions are decided independently by High Courts, the same may result "in a likelihood of conflict between the decisions of the Hon'ble High Court and this Hon'ble Court."The transfer plea was filed way back in April 2021 in the wake of several high courts including Delhi, Bombay, Madras and Kerala High Courts being seized of such cases.The Central government had told the Delhi High Court that Twitter is not complying with the IT Rules, 2021, given the fact that the person appointed to deal with grievances that arise in India is residing in the United States of America.Meanwhile, Madras High Court too on June 23 issued notice in a writ petition moved by the Digital News Publishers Association, comprising thirteen media outlets and journalist Mukund Padmanabhan challenging the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).Thirteen media outlets in India under the Digital News Publishers Association (DNPA) had moved the Madras High Court against the new IT Rules, asking that the court declare the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 as ultra vires, void and violative of fundamental rights under the Constitution. Earlier, on June 10, the Court had issued notice in a similar plea moved by Carnatic musician, author and activist TM Krishna.Similar petitions were also filed before the Bombay and Kerala High Courts.The plea before Bombay High Court by a legal news website and former journalist too contended that the new IT Rules are contrary to the provisions of law including Article 14 (equality before the law), Articles 19 (1) (a) (to freedom of speech and expression), 19 (1) (g) (to practise any profession, or to carry on any occupation, trade or business)..[Read Live Account of Hearing Below]