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Delhi High Court Seeks LG and Centre’s Response to Challenge Over Delhi Police Takedown Powers

The court has given authorities six weeks to explain why a December notification empowering police officers to order online content removals does not exceed legal limits.

The matter will be heard next on September 17. (HT Archive)
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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.