UNION OF INDIA vs THE NEWS BROADCASTERS ASSOCIATION - 2024-07-23

O R D E R

T.P.(C) NOS. 2154-2155 OF 2021, SLP(C) NO. 13661 of 2021 and SLP(C )

NO. 6722 OF 202 2 We have heard learned counsel for the parties .

2. The vires of Cable Television Networks (Amendment) Rules , 20211 have been challenged by way of writ petitions filed i n various High Courts including the High Court of Judicature a t Madras and the High Court of Kerala. Our attention has been draw n to the order dated 22.03.2024 passed by this Court in T.P.(C) nos . 997-1000/2021 titled “Union of India & Anr. Etc. vs. Foundation fo r Independent Journalism & Ors. etc.” and other transfer petitions , which order pertains to writ petitions challenging the Informatio n Technology (Intermediaries Guidelines and Digital Media Ethic s For short, “CTN Amendment Rules, 2021”.

Code) Rules, 2021. 2

3. We are informed that the grounds for challenge in the wri t petitions covered by T.P.(C) nos. 997-1000/2021 and connecte d petitions and the writ petitions challenging the vires of the CT N Amendment Rules, 2021 are similar .

4. In order to avoid contradictory judgments, the Union of Indi a has filed transfer petition in this Court to consolidate al l matters pertaining to the IT Rules, 2021 in one Court for analogou s consideration .

5. In T.P.(C) nos. 997-1000/2021, writ petitions have bee n transferred to the High Court of Delhi .

6. Keeping in view the facts of the case, we deem it appropriat e to transfer W.P. No. 10796/2021 titled “Charitha V. v. MeitY & Anr.”, pending in High Court of Karnataka to the High Court o f Delhi .

7. SLP(C) no. 13661/2021 has been filed by the Union of Indi a challenging the interim order passed by the High Court of Kerala a t Ernakulam in W.P.(C) no. 14239/2021 titled “The News Broadcaster s Association & Ors. v. Ministry of Information and Broadcasting , Union of India” and SLP(C) no. 6722/2022 has been filed challengin g the interim order passed by the High Court of Madras in W.P.(C) no . 25896/2021 titled “Indian Broadcasting & Digital Foundation & Ors . v. Union of India”. The said writ petitions pertain to the CT N Amendment Rules, 2021. Keeping in view the facts of the case, th e said writ petitions are also ordered to be transferred to the Hig h For short, “IT Rules, 2021”.

Court of Delhi for analogous hearing with similar writ petitions .

8. The High Court of Delhi will accordingly consider as t o whether or not the aforesaid interim orders should be confirmed o r vacated. We permit the Union of India to make necessary prayer s before the High Court of Delhi .

9. The paper books/records in the cases mentioned hereinabov e should now be transferred to the High Court of Delhi within fou r weeks from today .

10. In addition, all such similar cases pending in various Hig h Courts should also be transferred on appropriate application file d by either of the parties .

11. As we have transferred the matters to the High Court o f Delhi, the prayer for transfer of W.P. no. 6844/2021 titled “Uda y Bedi vs. Union of India” from High Court of Delhi to this Court i s deemed to be negated .

12. The transfer petitions are allowed in the above terms .

13. SLP(C) nos. 13661/2021 and 6722/2022 accordingly stan d disposed of .

Pending application(s), if any, shall stand disposed of .

W.P.(C) No. 787 OF 202 0

14. It is submitted by the learned counsel for the petitione r that since this is a writ petition filed under Article 32 of th e Constitution, the petitioner would withdraw the same in view of th e order passed today in the companion transfer petitions and specia l leave petitions. Then a writ petition before the High Court o f Delhi will be filed. Noting the above submission, the writ petitio n stands dismissed as withdrawn, with liberty as prayed .

Pending application(s), if any, shall stand disposed of .

..................J .

(SANJIV KHANNA )

..................J .

(SANJAY KUMAR )

NEW DELHI ;

JULY 23, 2024 .

ITEM NO.4 COURT NO.2 SECTION XI- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S TRANSFER PETITION (CIVIL) NOS. 2154-2155 OF 202 1 UNION OF INDIA ETC. ..... APPELLANT(S )

VERSU S UDAY BEDI ETC. ..... RESPONDENT(S )

(FOR ADMISSION and IA No.151486/2021-EX-PARTE STAY )

WIT H SLP(C) No. 13661/202 1 (FOR ADMISSION and I.R. and IA No.110753/2021-EXEMPTION FROM FILIN G C/C OF THE IMPUGNED JUDGMENT )

W.P.(C) No. 787/2020 (PIL-W )

(IA No. 72183/2020 - EX-PARTE STAY, IA No. 73584/2020 - EXEMPTIO N FROM FILING AFFIDAVIT, IA No. 25020/2021 - EXEMPTION FROM FILIN G AFFIDAVIT, IA No. 95977/2020 - EXEMPTION FROM FILING AFFIDAVIT, I A No. 82113/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 72184/202 0 - EXEMPTION FROM FILING O.T., IA No. 82112/2020 - EXEMPTION FRO M FILING O.T., IA No. 73586/2020 - EXEMPTION FROM PAYING COURT FEE , IA No. 50827/2020 – INTERVENTION/IMPLEADMENT, IA No. 48302/2020 – INTERVENTION/IMPLEADMENT, IA No. 80567/2020 - PERMISSION TO FIL E ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 84973/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

SLP(C) No. 6722/2022 (XII )

(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON I A

54659/2022 )

Date : 23-07-2024 These matters were called on for hearing today .

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANN A HON'BLE MR. JUSTICE SANJAY KUMA R For Petitioner(s )

Mr. Ejaz Maqbool, AO R Mr. Shahid Nadeem, Adv . Mr. Mujahid Ahmed, Adv .

Mr. Saif Zia, Adv .

Mr. Tushar Mehta, S G Mr. K.M. Nataraj, A.S.G .

Mr. Rajat Nair, Adv .

Mr. Kanu Agrawal, Adv .

Mr. Sansriti Pathak, Adv .

Mrs. Swati Ghildiyal, Adv .

Mr. Mayank Pandey, Adv .

Mr. Amrish Kumar, AO R For Respondent(s )

Mr. Arvind Datar, Sr. Adv .

Ms. Nisha Bhambhani, Adv .

Mr. Rajat Arora, AO R Mr. Rahul Unnikrishnan, Adv .

Ms. Mariya Shahab, Adv .

Mr. Amit Sibal, Sr. Adv .

Ms. Ruby Singh Ahuja, Adv . Mr. Siddharth Chopra, Adv .

Mr. Nitin Sharma, Adv .

Ms. Swikriti Singhania, Adv .

Ms. Kritika Sachdeva, Adv .

Ms. Akanksha Thapa, Adv .

Ms. Srishti Kumar, Adv .

Mr. Vivek Ayyagari, Adv .

Ms. Astha Sehgal, Adv .

M/s. Karanjawala & Co., AO R Mr. Tushar Mehta, S G Mr. K.M. Nataraj, A.S.G .

Mr. Kanu Agrawal, Adv .

Mr. Rajat Nair, Adv .

Mr. Mayank Pandey, Adv .

Mr. Sanjay Kumar Tyagi, Adv .

Mr. Varun Chugh, Adv .

Mrs. Swati Ghildiyal, Adv . Mrs. Rooh-e-hina Dua, Adv . Mr. Shailesh Madiyal, Adv .

Mr. Amrish Kumar, AO R Mr. Anshuman Ashok, AO R Ms. Nimisha Swarup, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

The transfer petitions are allowed in terms of the signe d order .

The special leave petitions stand disposed of in terms of th e signed order .

The writ petition is dismissed as withdrawn, in terms of th e signed order .

Pending application(s), if any, shall stand disposed of .

(DEEPAK GUGLANI) (R.S. NARAYANAN )

AR-cum-PS ASSISTANT REGISTRA R (signed order is placed on the file )