HC seeks Centre reply on plea on Delhi Police’s powers over online content

The petition pertains to a gazette notification through which LG Saxena authorised at least 23 senior Delhi Police officers to issue takedown orders

The Delhi high court has sought responses from the Union government and lieutenant governor (LG) Vinai Kumar Saxena on a petition challenging a Central notification that empowers Delhi Police officers to issue takedown orders to social media platforms for removing online content.

The matter will be heard next on September 17. (HT Archive)

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela on Wednesday issued notice to the LG and the Union ministry of electronics and information technology (MEIT) on a plea filed by the Software Freedom Law Centre (SFLC). The matter will be heard next on September 17.

The petition pertains to a gazette notification issued on December 26, 2024, through which Saxena authorised at least 23 senior Delhi Police officers to issue takedown orders under Section 79(3)(b) of the Information Technology (IT) Act. This section makes intermediaries — such as Facebook, YouTube, Jio, and Cloudflare — liable for third-party content if they fail to remove unlawful material after being notified by the “appropriate government” or its agency.

According to the notification, officers authorised to issue such notices include DCPs of Delhi’s districts, the intelligence fusion and strategic operations (IFSO) unit, economic offences wing, crime branch, special cell, special branch, IGI Airport, Railways and Metro units. These officers can act in cases reported within their jurisdiction and “notify instances of information, data or communication links” connected to any computer resource used to commit an unlawful act.

The notification also designated the joint commissioner of police, IFSO, as the state nodal officer, with the DCP IFSO appointed as assistant state nodal officer.

SFLC, represented by advocate Talha Abdul Rehman, argued that empowering police officers to issue unilateral takedown orders without judicial oversight was “arbitrary” and “violative of due process”.

“The statutory power to block or remove online content is exclusively vested in the Central Government under Section 69A of the IT Act, read with the Information Technology Rules, 2009. The impugned notification, by granting these powers to the police, oversteps constitutional and statutory boundaries and is, therefore, ultra vires the parent legislation,” the plea said.

It further argued that only the Centre has the authority to issue such directives under Section 69A and that the move violates Articles 19 and 21 of the Constitution. It also contradicts landmark Supreme Court judgments that underscore the importance of legal safeguards and proportionality in actions affecting fundamental rights.