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HC takes exception to govt’s pleas to adjourn hearing in Twitter case
The last effective hearing took place on October 27 last year, when the micro-blogging website Twitter told the court that authorities should communicate the reasons for blocking an account, adding that non-disclosure impinges on the right to free speech and expression.
The Karnataka high court on Monday took a dim view of the Union government’s repeated requests to adjourn a plea by micro-blogging website Twitter challenging the blocking orders of 39 accounts.
Noting that the matter is important, justice Krishna S Dixit remarked, “We are not at the government’s dictation like that. I don’t agree... What people will think? We are not at your beck and call. How many times you have taken adjournment? See the order sheet.”
The remark comes after the counsel appearing for the Union government again requested to adjourn the case either on January 27 or February 3.
The court said it would not give more than one week to the Centre and posted the matter for hearing on January 18.
The last effective hearing took place on October 27 last year, when the micro-blogging website told the court that authorities should communicate the reasons for blocking an account, adding that non-disclosure impinges on the right to free speech and expression.
Arguing the plea against the blocking orders of 39 accounts by the union government, Twitter had told Justice Krishna S Dixit that there is no difference between a reasoned order and a speaking order as both require reasons so that the aggrieved can make up his mind to challenge or not.
The petitioner’s counsel had concluded his arguments, and the Centre’s counsel had sought time to prepare their arguments, following which matter was listed on November 16, 2022, when additional solicitor general MB Nargund was to argue.
However, the hearing did not take place on that day and the matter for listed for December 12, 2022. On that day, the Centre sought an adjournment, and the case was listed for January 9, 2023.
On Monday, as the Centre’s counsel again sought an adjournment, the court got irked even though it posted the matter for January 18.
Twitter had moved the high court after the Union electronics and information technology ministry, through a notice on June 26 this year, warned it of penal action against its chief compliance officer and granted it last opportunity to comply with a series of blocking orders issued in 2021.
The company argued that the orders are procedurally and substantially deficient of Section 69A requirements, and they demonstrate excessive use of powers, adding that they are disproportionate.
Earlier, the union government had said that there is no fundamental right to anonymity under the constitution. The Union government has emphasised before the Karnataka high court, defending its power to block “unverified, untraceable and anonymous” Twitter users.
The government contended the social media company was “not taking effective steps to prevent the spread of fake news or deliberate misinformation, and as such, misinformation content relating to sovereignty and integrity, national security or public order related issues are on the rise.”
