Shivani Pandey-
The Madras High Court will continue to hear petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 in absentia any stay by Supreme Court.
The presiding bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy gave the central government 2 weeks to the center government in order to file counter affidavit in the pertaining matter.
Chief Justice Banerjee observed that,”There is no stay on the proceedings. We can go ahead with the matter and decide. The Supreme Court will have the benefit of the opinion of the High Court”
Advocate Vivekanathan appealed that it would require him further instruction and requested for some time to file the counter affidavit
To which the court responded, “What instructions? By the time you file, the matter will be over. Merely because you filed transfer petitions you take it that the proceedings are stayed?”,
In its interim order, the Court went on to record that the Central government has filed a memo on July 6 showing that a transfer petition has been filed in the Supreme Court and further that the Supreme Court has not ordered to halt the High Court proceedings.
Of the 2 petitions filed before the Madras High Court challenging the validity of the IT Rules,2021 one is a PIL moved by Carnatic musician TM Krishna.
The matter was posted for additional meeting following three weeks, in the wake of giving the Center opportunity to record its counter testimony.