[IT Rules 2021] We sometimes feel HC is not taken seriously: Madras High Court adjourns case again after Centre seeks last chance to file counter

The Madras High Court on Friday was constrained to adjourn the hearing in the petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) once again after the Union of India sought a final opportunity to file its counter-affidavit. .Appearing for the Central government, Additional Solicitor General R Sankaranarayanan informed the Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu that he had received written instructions in the matter last night. .He submitted that he was aware of the what the Court had said in the last hearing, and that he had communicated the said concerns. He went on to assure that a counter-affidavit is being prepared and would be filed soon. .He requested the Court to grant the Centre one last chance to file the counter-affidavit, although he added that the Court may hear the matter sooner if it wished to do so. .Chief Justice Banerjee, in turn, responded that there is no issue with extending the time for filing the counter-affidavit. However, he urged the ASG to ensure that the counter is filed, while expressing concern over whether the authorities are treating the Court's directions with the seriousness it deserves. "(We sometimes get the impression that) your secretaries and other minions don't take High Court seriously. They only take one court seriously and consider other courts as on the wayside," Chief Justice Banerjee orally observed. .In view of the ASG's assurance, the Court proceeded to adjourn the matter by two weeks' time and granted the Union of India ten more days to file the counter-affidavit. .Earlier this week, the Court had asked the ASG to respond as to 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..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 filed 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..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?".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.

[IT Rules 2021] We sometimes feel HC is not taken seriously: Madras High Court adjourns case again after Centre seeks last chance to file counter

Meera Emmanuel

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