Bombay High Court Directs Centre to Respond on Challenge to Sahyog Portal, IT Rules

The Bombay High Court on Thursday directed the Union government to file an affidavit in response to a petition by stand-up comedian Kunal Kamra challenging the constitutional validity of the 'Sahyog Portal' and an amendment to the Information Technology (IT) Rules.

Kamra's plea argues that the portal, developed by the Ministry of Electronics and Information Technology, acts as a tool for online censorship. The amendment to the IT Rules requires social media and online intermediaries to remove objectionable content within 36 hours, which Kamra claims lacks adequate safeguards.

During the hearing, Kamra's counsel, Navroz Seervai, informed a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad that the petition was filed in February 2026, but the government had not yet filed its affidavit despite repeated court directions. Additional Solicitor General Anil Singh, representing the Centre, assured the court that the affidavit would be submitted by July 29. The court has scheduled the next hearing for August 14.

Kamra's plea contends that the Sahyog Portal permits blocking and takedown of online content without prior notice, violating principles of natural justice and the right to free speech under Article 19(1)(a) of the Constitution. It alleges the portal enables 'unilateral takedown' of content without issuing notice to the originator, affording a hearing, or passing a reasoned order. The plea urges the court to suspend the portal's operation and restrain authorities from directing content takedown without following the procedure mandated under the IT Act.

The case highlights ongoing debates about balancing online content regulation with constitutional freedoms. The court's order ensures the government will formally respond to the allegations before the next hearing.