Statements against Jaitley based on AAP leaders' information, Vishwas tells HC
New Delhi, May 3: Aam Aadmi Party (AAP) leader Kumar Vishwas on Thursday told the Delhi High Court that his statements against Union Finance Minister Arun Jaitley were based on information from top party leaders and sought more time in the matter.
Vishwas told Justice Rajiv Sahai Endlaw that before rendering an apology or making any other statement to Jaitley on the issue, he wishes to know whether his party leaders lied or not while issuing statements against the Minister, who is a senior BJP leader.
The court allowed his plea for more time to decide what statement he will make so that the suit can be disposed and listed the matter for May 28.
On April 3, the High Court accepted a joint application by Delhi Chief Minister Arvind Kejriwal and other AAP leaders Sanjay Singh, Ashutosh, Deepak Bajpai, Raghav Chadha and Jaitley to seek court permission to withdraw the civil defamation case filed by the latter.
Kejriwal and other AAP leaders apologised to Jaitley and his family for accusing the Minister of corruption during his 13-year stint at the Delhi and District Cricket Association.
However, Jaitley continued with his suit proceedings against sixth accused, Kumar Vishwas, as he had not tendered any apology.
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Bombay High Court strikes down Centre's plan to set up Fact-Check Unit
Mumbai: The Bombay High Court has struck down the central government's plan to establish a fact-checking unit (FCU) under the Information Technology Amendment Rules, 2023. The decision comes in response to a petition filed by standup comedian Kunal Kamra, challenging the constitutional validity of the Centre's move.
Justice A.S. Chandurkar, delivering the final verdict, declared that the proposed IT Amendment Rules violated key provisions of the Indian Constitution, namely Articles 14 (right to equality), 19 (freedom of speech and expression), and 19(1)(g) (right to profession).
“I have considered the matter extensively. The impugned rules are violative of Articles 14, 19, and 19(1)(g) of the Constitution of India,” Justice Chandurkar said in his judgment. He further remarked that terms like "fake, false, and misleading" in the IT Rules were "vague" and lacked a clear definition, making them unconstitutional.
This judgment followed a split verdict issued by a division bench of the Bombay High Court in January. The bench, consisting of Justices Gautam Patel and Neela Gokhale, was divided in their opinions. While Justice Patel ruled that the IT Rules amounted to censorship and struck them down, Justice Gokhale upheld the rules, arguing that they did not pose a "chilling effect" on free speech, as the petitioners had claimed.
The matter was then referred to a third judge, leading to today's decision. The Supreme Court had previously stayed the Centre's notification that would have made the fact-checking unit operational, stating that the government could not proceed until the Bombay High Court ruled on the case.
Kunal Kamra and other petitioners had argued that the amendments posed unreasonable restrictions on freedom of speech and expression. They contended that the provisions would lead to government-led censorship, effectively granting the government unchecked powers to determine what constitutes 'truth' online. The petitioners further claimed that such powers would turn the government into "prosecutor, judge, and executioner" in matters of online content.
With the Bombay High Court’s ruling, the Centre's move to create fact-checking units has been effectively halted, reaffirming the importance of protecting freedom of speech and expression in the digital space.
