[Challenge to IT Rules 2021] "What is this:" Madras High Court pulls up Central govt for delay in filing response

The Madras High Court on Wednesday took exception to a request made by a counsel for the Union of India to give more time to file its response to petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021)..In its interim order, the Court proceeded to ask the Additional Solicitor General of India to respond on why appropriate measures should not be taken against those responsible for not filing the counter-affidavit on behalf of the Union of India, despite previous directions from the Court to do so. .Another counsel appearing for the Central government today urged the Court to grant some more time to file its response, after a counsel for the petitioner informed that the Union of India was yet to file its counter. ."What is this," Chief Justice Sanjib Banerjee remarked, recounting that the Union had sought time to file its response on the last date of hearing as well. .The Court, however, proceeded to adjourn the matter till Friday, while adding in its order that the ASG should respond on why action should not be taken against those persons who failed to file a timely response. .On July 14, the Court had granted the Central government two weeks to file its counter-affidavit before adjourning the hearing by three weeks. .At the time, the Court was also informed that the Supreme Court is seized of a petition by the Centre to transfer all proceedings concerning the IT Rules, 2021 from various High Courts to the Supreme Court. However, the Madras High Court indicated that it would go ahead with hearing the case since the Supreme Court has not issued any stay on High Court hearings.."There is no stay on the proceedings. We can go ahead with the matter and decide. The Supreme Court will have the benefit of the opinion of the High Court," the Chief Justice had orally observed..[Challenge to IT Rules 2021] Madras High Court declines to halt hearings in absence of Supreme Court stay; gives Centre 2 weeks to file counter.Whereas the Central government's counsel had sought time to obtain instructions, the Court had responded by observing:"What instructions? By the time you file, the matter will be over. Merely because you filed transfer petitions you take it that the proceedings are stayed?".Nevertheless, the Court had, at the time, granted the Centre a fortnight's time to file its response. .The matter will be heard next on Friday. .There are two petitions before the Madras High Court challenging the validity of the IT Rules, 2021. One is a public interest litigation (PIL) petition moved by Carnatic musician TM Krishna, The second is a writ petition moved by the Digital News Publishers Association, comprising thirteen media outlets, and journalist Mukund Padmanabhan..In a related development, the Bombay High Court on Tuesday has asked the Central government to respond on why interim relief should not be granted in a similar challenge before it. The petitions before the Bombay High Court are also slated to be heard on Friday. .[Read Order]