X Corp vs. Union Of India - LIVE UPDATES From Karnataka High Court

Raghavan: this is what is called safe harbour in so far as intermediary is concerned

HC: anything posted you come under safe harbour

Sr adv: yes, unless there is a court order. If blocking order is issued under 69A and i dont obey there are 2 consequences. 

Raghavan points to Section 79 and how SC has examined it in Shreya Singhal.

HC: art 14 pervades through every problem

Raghavan: one question arises how a company can exercise rights under article 19. Art 19 is one of the factors for purpose of Art 14 even though they are separate articles. It cannot be said that art 14 does not encompass art 19.

Raghavan continues reading the provision

Sr adv: its almost in the nature of post decisional hearing.

Raghavan: Rule 9 provides for blocking in case of emergency which can take place without opportunity of hearing

Raghavan reads Section 69A IT Act.

HC: who is designated officer? Central govt employee?

Raghavan: yes. 

Raghavan: procedure prescribed under 69A before blocking orders are issued, contains inherent safeguards because of which it was upheld (by SC).

He points to scheme of 69A having regard to blocking rules 

Ragahavan reads interim prayers: prayer is dont take any action except under 69A…in shreya singhal 3 provisions were under consideration-66A 69A and 79(3)(b). 69A upheld, 79(3)(b) watered down and 66A was struck down

Raghavan: we are at idem that shreya singhal upholds waters down 79(3)(b) and upholds 69A. That is why they (Union) take the plea of per incuriam