Supreme Court Halts High Court Challenges to Sahyog Portal
The Supreme Court of India recently intervened in ongoing legal proceedings across multiple High Courts regarding the Central government’s Sahyog portal. This online platform is instrumental in managing content takedown notices directed at internet intermediaries. The Supreme Court’s decision follows the Union of India Vs Digipub News case, aiming to centralize the legal battles under its jurisdiction.
On July 22, a bench led by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, issued an order to stay proceedings in four cases pending in the Karnataka and Bombay High Courts. The Central government had lodged transfer petitions, advocating for these cases to be moved to the Supreme Court. Notices regarding these petitions are returnable by August 10, during which the High Court proceedings are to remain suspended.
The specific cases affected by this stay order include X Corp v. Union of India & Ors and DigiPub News India Foundation v. Union of India in the Karnataka High Court, and Kunal Kamra v. Union of India and Haresh Jagtiani v. Union of India & Ors in the Bombay High Court.
Challenges to the Sahyog Portal’s Legality
The core issue in these disputes is the legal validity of the Sahyog portal, particularly concerning the government’s authority to request content removal or disabling. These actions are governed by Section 79(3)(b) of the Information Technology Act, 2000, in tandem with Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules.
The legal controversy initiated with a petition by X Corp, owned by entrepreneur Elon Musk, which was initially dismissed by Justice M Nagaprasanna in September 2025. This dismissal led to an appeal currently pending before a Division Bench of the Karnataka High Court. X Corp has contested that Section 79(3)(b) does not authorize government officers to independently issue content-blocking orders, arguing that such orders should fall under Section 69A of the IT Act, subject to the procedural safeguards outlined in the 2009 rules.
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Similarly, DigiPub News India Foundation has also appealed against a single-judge decision, which is pending as well.
In a related development, stand-up comedian Kunal Kamra and Senior Advocate Haresh Jagtiani filed separate petitions in the Bombay High Court in February 2026. They challenge the Sahyog portal and Rule 3(1)(d), arguing that it allows government authorities to remove content without the procedural checks mandated for blocking orders under Section 69A of the IT Act.
Central Government’s Strategic Move
The Central government, represented by Solicitor General Tushar Mehta with assistance from Advocates Madhulika Upadhyay, Arun Kumar Singh, Sushma Verma, Rajat Nair, and Gaurang Bhushan, has sought the unification of these proceedings at the Supreme Court level. This strategic move aims to streamline the judicial process and establish a singular authoritative ruling on the matter.
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As the legal community awaits the next Supreme Court hearing on August 10, the stay order ensures that no further decisions on these matters will be made in the respective High Courts, pending the Supreme Court’s review.
