X Corp (Twitter) case on blocking orders: Karnataka High Court says unwarranted publicity can be avoided if government reconsiders matter

The Karnataka High Court today orally observed that unwarranted publicity can be avoided if the Indian government agrees to reconsider and pass reasoned orders in relation to demands made in 2021 and 2022 to block certain tweets and Twitter/ X Corp accounts. .The Court made the remark in response to a request by Senior Advocate Sajan Poovayya, who appeared for X Corp (formerly Twitter) today. "There are now orders (blocking orders), we have blocked (the posts and accounts). The orders, prima facie, have no reasons. We will continue to keep content blocked.. If entire matter is remanded back to Union (government).. they can pass an order with reasons. We will continue to keep the content blocked," Poovayya told the Court.Poovayya assured that until a reasoned decision is passed, X Corp would continue to keep the controversial content and accounts blocked, and added that the bench can take this submission on record. .Justice G Narendar, who was hearing the matter along with Justice Vijaykumar A Patil, orally agreed with the suggestion. "That is what we had in mind. We will send it back to the Secretary. If it is an in-house decision, it will not attract unwarranted publicity... Under the scheme, I think it is the secretary that can take the decision ... Please talk to ASG, if that is so, we can sent it back to him. If that is so, he can also advise the designated officers suitably and the Department," Justice Narendar said. .The Court also noted that the appropriate Central government officer can also take a call on whether costs could have been imposed on X Corp for its apparent failure to comply with the blocking demands on time. "Because it appears to be, prima facie, they (X Corp) have some case ... when court imposed ₹50 lakhs costs, when there is no penalty or fine ... we will have to justify that costs ... It would be best that we remand it back to Secretary. He can reject or allow request. He has that discretion, let him look into this. Let him say, justified or not justified," Justice Narendar said. .The judge also echoed remarks he made during yesterday's hearing of the case that the matter is better to be decided outside the court. "These are all issues that need not be bandied around in the court," he said today. During the course of yesterday's hearing, the judge had orally commented that the dispute could have been resolved outside court, if the parties had sat across a table and discussed the same. "I don't know why this litigation (was filed) at all.. I think you all could have sat across and (resolved the dispute)," the judge had observed. .The bench today also allowed certain interlocutory applications by X Corp to amend their pleadings before posting the case for hearing next on September 27. .The matter before the Court had initially started with Twitter, as it was known then, challenging certain blocking orders by the Indian government. A single-judge of the Karnataka High Court rejected the challenge and ordered the social media giant to pay a ₹50 lakh fine for its apparent failure to ensure timely compliance with the block demands.The microblogging platform challenged the single judge order. On August 10, a division bench of the High Court stayed the single-judge's order provided X Corp deposits ₹25 lakh to show its bonafides.