Delhi High Court asks Grievance Appellate Committee to decide SFI appeal within three weeks

The Delhi High Court on Thursday directed the Centre's Grievance Appellate Committee (GAC) to decide the Students' Federation of India's (SFI) appeal against the permanent disabling of its official Instagram account within three weeks. Justice Amit Mahajan, hearing the plea, expressed his expectation that the GAC would dispose of the matter expeditiously, noting the statutory timeline prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 had already been exceeded.

SFI, the student wing of the Communist Party of India (Marxist) , had moved the High Court after its account @SfiDelhi was permanently disabled by Instagram on July 5 . The organisation subsequently sought a review through the platform's internal grievance mechanism and, failing that, filed an appeal with the GAC on August 12 . Despite the Rules requiring the GAC to "endeavour to resolve the appeal finally within thirty calendar days," the appeal remained pending as of the court hearing, with the GAC website still showing it as "under process."

Background: Disabling of Account and Internal Appeals

According to SFI's petition, when users attempted to access the account, Instagram displayed a notice stating that the account "may be associated with another account that has gone against our rules" and that this allegedly violated Instagram 's "Community Standards on Account Integrity." The organisation contended that it was not provided with any specifics regarding the alleged violation, nor was it given an opportunity to be heard before the permanent disablement.

SFI first raised a complaint with Instagram 's internal grievance officer on July 9 , but the platform merely acknowledged receipt of the complaint without providing any substantive response. The internal appeal submitted on July 7 was also rejected, with Instagram reiterating that the account "still doesn't follow our community standards on account integrity." Left with no effective remedy, SFI approached the GAC on August 12 , but the committee failed to pass any order within the statutory 30-day window.

Court Proceedings and Directions

During the hearing, SFI's counsel, Advocate Apar Gupta, argued that the GAC's inaction had resulted in a continuing deprivation of the organisation's fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. He emphasised that the account had approximately 13,000 followers and served as a key digital platform for disseminating information about SFI's activities, campaigns, and student-related concerns.

The counsel representing the Union of India submitted that the GAC would be advised to dispose of the appeal expeditiously, preferably within a period of three to four weeks. Taking this submission on record, Justice Mahajan disposed of the plea, stating that he "expected" the GAC to decide SFI's appeal within three weeks. The court did not issue a formal mandamus but expressed confidence that the committee would comply with the statutory timeline.

Legal Framework: The GAC Under IT Rules 2021

The GAC was established under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , as a quasi-judicial body to hear appeals against decisions of social media platforms' grievance officers. Sub-rule (4) specifically mandates that the GAC "shall deal with the appeal expeditiously and shall make an endeavour to resolve the appeal finally within thirty calendar days from the date of receipt of the appeal."

This case highlights a recurring issue: multiple petitions have reached the Delhi High Court seeking directions to the GAC to decide appeals against the blocking or suspension of social media accounts within the prescribed period. The court's intervention underscores the importance of adherence to statutory timelines, particularly when fundamental rights are at stake.

Analysis: Due Process and Social Media Account Disablement

SFI's petition raises significant questions about procedural fairness in content moderation. The organisation argued that the disabling of its account was arbitrary, as Instagram did not disclose the identity of the allegedly associated account, the conduct said to constitute a violation, the particular policy allegedly breached, or the material on the basis of which the account was disabled. This lack of transparency is a recurring concern in platform governance, where automated or opaque enforcement actions can disproportionately impact organisations that rely on social media for outreach.

Rule 3A(4) of the IT Rules was designed to provide a check on such decisions by creating an independent appellate mechanism. However, delays in the GAC's functioning undermine its effectiveness. The Delhi High Court's direction, while not binding in the strictest sense, serves as a reminder that the GAC must act with the urgency the Rules contemplate.

Implications for Legal Practice and Platform Regulation

For legal professionals representing clients affected by social media account suspensions or removals, this case reinforces the importance of exhausting the three-tier grievance mechanism: first with the platform's grievance officer, then with the GAC, and finally before a constitutional court. The court's willingness to intervene when the GAC fails to decide within the statutory period provides a viable avenue for relief.

Moreover, the case may influence future regulatory reforms. The Ministry of Electronics and Information Technology (MeitY) is currently reviewing the IT Rules, and the GAC's performance—including its adherence to timelines—will likely be a key factor. If delays persist, there may be calls for stronger accountability measures, such as automatic vacation of the platform's decision if the GAC does not rule within 30 days.

Conclusion

The Delhi High Court's order in Students' Federation of India & Anr v. Union of India & Anr is a straightforward yet significant reminder that statutory timelines exist for a reason. By directing the GAC to decide SFI's appeal within three weeks, the court has affirmed that the right to be heard cannot be indefinitely postponed by administrative delays. As social media platforms continue to play an increasingly central role in public discourse, ensuring timely and fair appellate review is essential to safeguarding democratic values.

The SFI matter is now back in the hands of the GAC, which must deliver a reasoned order on whether the disablement of @SfiDelhi was justified under Instagram's Community Standards and the broader legal framework. The outcome will be closely watched by student organisations, political groups, and digital rights advocates alike.