Bombay HC Seeks Centre's Reply On Kunal Kamra's Plea Challenging 'Sahyog Portal' By July 29

Mumbai, July 16: The Bombay High Court on Thursday granted time till July 29 to the Union government to file its affidavit in response to a petition filed by stand-up comedian Kunal Kamra challenging the constitutional validity of the Centre's 'Sahyog Portal'.

Court Grants Centre More Time

The petitions filed by Kamra and others in February seek directions to immediately disable and dismantle the Sahyog Portal, a digital system designed to fast-track takedown requests to social media intermediaries.

The petitioners have also challenged the amendment to Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires intermediaries to remove objectionable content.

On Thursday, Kamra's counsel, Senior Advocate Navroz Seervai, mentioned the plea before a Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, claiming that it was an important matter, but the government, despite repeated directions, had not filed its affidavit.

He pointed out that the Union government was directed in February, May and again in June to file its response. However, till date, no reply affidavit has been filed.

Additional Solicitor General Anil Singh, appearing for the Centre, sought time till August to file the reply. However, the court directed him to file the affidavit by July 29. It asked the petitioners to file rejoinder affidavits, if any, by the first week of August and posted the petitions for hearing on August 14.

Challenge To Sahyog Portal

The Sahyog Portal, developed by the Union Ministry of Electronics and Information Technology, was launched in 2024 to expedite the blocking of objectionable content uploaded online.

Kamra has contended that the Sahyog Portal permits blocking and "unilateral takedown" of online content without prior notice, thereby violating the principles of natural justice as well as the guarantee of free speech.

The amended rules amounted to a flagrant violation of the fundamental rights guaranteed to every citizen under the Constitution, the plea alleged.

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It urged the High Court to direct the government to suspend the Sahyog Portal's operation and to restrain any officer of the Central or state governments from directing the blocking or takedown of any information without following the procedure mandated under the IT Act.

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