O R D E R
Heard learned counsel for the respective parties.
2. These cases are concerned with the challenge to the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. It is submitted by Mr. Rajat Nair, learned counsel that writ petitions have been filed in various High Courts including the High Court of Delhi, the High Court of Bombay, the High Court of Orissa, the High Court of Karnataka, the High Court of Madras, the High Court of Calcutta and the High Court of Kerala. In order to avoid contradictory judgments, the Union Government has filed the Transfer Petition to consolidate all the matters in one court for analogus consideration.
3. Since a good number of these writ petitions are pending consideration before the Delhi High Court, we deem it appropriate
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to transfer the proceedings pending in various High Courts for analogus hearing, to the Delhi High Court.
4. Consequently the following cases are ordered to be transferred:-
| Sl. NO. |
Case No. |
Pending at |
| 1 |
Writ Petition (Civil) No. 12604/2021 |
High Court of Orissa |
| 2 |
Writ Petition (Civil) No. 18084/2021 |
High Court of Kerala |
| 3 |
Writ Petition (Civil) No. 6491/2021 |
High Court of Karnataka |
| 4 |
Writ Petition (Civil) No. 12515/2021 |
High Court of Madras |
| 5 |
Writ Petition (Civil) No. 13055/2021 |
High Court of Madras |
| 6 |
Writ Petition (Civil) No. 153/2021 |
High Court of Calcutta |
| 7 |
Writ Petition (Civil) No. 14172/2021 |
High Court of Bombay |
| 8 |
PIL No. 14204/2021 |
High Court of Bombay |
| 9 |
Writ Petition (Civil) No. 13675/2021 |
High Court of Kerala |
| 10 |
Writ Petition (Civil) No. 6272/2021 |
High Court of Kerala |
5. With this order, the above cases stand transferred to the Delhi High Court. The concerned paper books/records in the different High Courts should now be transferred to the Delhi High Court within four weeks from today. Additionally, all such similar cases pending in various High Courts should also be transferred on appropriate application, by either of the parties.
6. The related SLPs challenging the interim order passed by the High Court stands disposed of by permitting the Union of India to make necessary prayers before the Delhi High Court. W.P.(C) No. 760/2021
Mr. Vedant Prabhakar, learned counsel submits that since this is a writ petition filed under Article 32 of the Constitution, the petitioner would withdraw the same in view of the order passed
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today in the Transfer Petition. Then a writ petition before the Delhi High Court will be filed. Noting the above submission, the Writ Petitions stands dismissed as withdrawn.
6. The Transfer Petitions are allowed in the aforesaid terms.
7. Pending application(s), if any, shall stand closed.
.......................J.
[ HRISHIKESH ROY ]
........................J.
[ PRASHANT KUMAR MISHRA ]
NEW DELHI;
MARCH 22, 2024
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ITEM NO.56 COURT NO.7 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14506- 14507/2021
(Arising out of impugned judgment and order dated 14-08-2021 in WPL No.14172/2021 14-08-2021 in PILL No. 14204/2021 passed by the High Court Of Judicature At Bombay)
UNION OF INDIA & ANR. Petitioner(s)
VERSUS
AGIJ PROMOTION OF NINETEENONEA MEDIA
PVT. LTD. & ANR. ETC. Respondent(s) (FOR ADMISSION and I.R. and IA No.117645/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
WITH
T.P.(C) No. 997-1000/2021 (XIV) (FOR ADMISSION and I.R. and IA No.63369/2021-EX-PARTE STAY and IA No.63370/2021-EXEMPTION FROM FILING O.T,)
T.P.(C) No. 1147-1152/2021 (XI-A)
(FOR ADMISSION and IA No.77779/2021-EX-PARTE STAY) W.P.(C) No. 760/2021 (PIL-W)
(FOR ADMISSION and IA No.79630/2021-EX-PARTE STAY) SLP(C) No. 11163/2021 (XI-A)
(FOR ADMISSION and I.R. and IA No.85838/2021-EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT and IA No.85839/2021-EXEMPTION FROM FILING
AFFIDAVIT)
T.P.(C) No. 1248-1252/2021 (XVI) (FOR ADMISSION and IA No.87279/2021-EX-PARTE STAY) SLP(C) No. 11566/2021 (XI-A)
(FOR ADMISSION and I.R. and IA No.89043/2021-EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT and IA No.89045/2021-EXEMPTION FROM FILING O.T.) SLP(C) No. 8670/2022 (XII)
(FOR ADMISSION and I.R. and IA No.70520/2022-EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT and IA No.70521/2022-EXEMPTION FROM FILING O.T.) Date : 22-03-2024 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Arvind P Datar, Sr. Adv. Ms. Nitya Ramakrishnan, Sr. Adv. Mr. Mrigank Prabhakar, AOR
Ms. Sakshi Banga, Adv.
Ms. Amisha Devi, Adv.
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Mr. Amrish Kumar, AOR Mr. Tushar Mehta, Solicitor General Mr. K.m Nataraj, A.S.G.
Mr. Rajat Nair, Adv.
Mr. Kanu Agrawal, Adv.
Mr. Divyansh H Rathi, Adv. Mr. Amit Sharma B, Adv.
For Respondent(s) Mr. Abhishek Manu Singhvi, Sr. Adv. Mr. C.U. Singh, Sr. Adv.
Ms. Astha Sharma, AOR
Ms. Mantika Haryani, Adv.
Mr. Bhanu Mishra, Adv.
Ms. Vrinda Bhandari, Adv.
Ms. Rashmi Nandakumar, AOR
Mr. Gurmeet Singh Makker, AOR
Mr. Amit Sibal, Sr. Adv.
Mr. Ruby Singh Ahuja, Adv.
Mr. Siddharth Chopra, Adv.
Mr. Nitin Sharma, Adv.
Ms. Swikriti Singhania, Adv.
Ms. Kritika Sachdeva, Adv.
Ms. Simranjeet, Adv.
Mr. Vasu Singh, Adv.
Mr. Srishti Kumar, Adv. '
Mr. Vivek Ayyagari, Adv.
M/S. Karanjawala & Co., AOR
Ms. Nitya Ramakrishnan, Sr. Adv.
Mr. Prasanna S., AOR
Mr. M. Shoeb Alam, Sr. Adv.
Mr. Arjun Adrain D'Souza, Adv. =
Ms. Fauzia Shakil, AOR
Mr. Krishan Kumar, AOR
Mrs. Neetu Sharma, Adv.
Mr. Seemant K. Garg, Adv.
Mr. Nitin Pal, Adv.
Ms. Vrinda Bhandari, AOR
Mr. Abhinav Sekhri, Adv.
Ms. Radhika Roy, Adv.
Ms. Gayatri Malhotra, Adv.
Ms. Anandita Rana, Adv.
Ms. Pragya Barsaiyan, Adv.
Mr. Madhav Aggarwal, Adv.
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Mr. Faisal Sherwani , AOR Ms. Megha Karnwal, AOR Mr. Nachiket Joshi, Adv. Mr. Shivek Trehan, Adv. Ms. Rishika Goyal, Adv. Ms. Riya Nair, Adv. Mr. Arvind Datar, Sr. Adv. Ms. Nisha Bhambhani, Adv. Mr. Rajat Arora, AOR Mr. Rahul Unnikrishnan, Adv. Ms. Mariya Shahab, Adv. Mr. Nibin Louis, Adv. Mr. Chitranshul A. Sinha, AOR UPON hearing the counsel the Court made the following
O R D E R
The related SLPs challenging the interim order, passed by the High Court(s), stands disposed of with liberty to the Union of India to make necessary prayer before Delhi High Court. The Transfer Petitions are disposed of in terms of the signed order, which is placed on the File.
Pending application(s), if any, stand closed. W.P.(C) No. 760/2021
Mr. Vedant Prabhakar, learned counsel submits that since this is a writ petition filed under Article 32 of the Constitution, the petitioner would withdraw the same in view of the order passed today and would file writ petition before the Delhi High Court. Noting the above submission the Writ Petitions stands dismissed, as withdrawn.
Pending application(s), if any, stand closed.
(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR