Overview
- On May 29, a bench led by Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela issued notices to Lieutenant Governor Vinai Kumar Saxena and the Union Ministry of Electronics and IT.
- The Software Freedom Law Center’s petition targets a December 2024 gazette notification that designated at least 23 senior Delhi Police officers as nodal authorities under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- SFLC argues that Section 69A of the Information Technology Act vests exclusive power to block or remove online content with the Central Government, making the police’s role ultra vires.
- Petitioners warn that allowing police to issue takedown orders without judicial oversight violates Articles 19(1)(a) and 21 of the Constitution by enabling unchecked censorship.
- The matter is slated for further hearing on September 17, 2025 to review the responses and decide on the notification’s legality.