Bombay High Court

HARSHAD HIRU NAIKversusUNION OF INDIA THR MINISTRY OF HOME AFFAIRS AND 2 ORS

Disposal: Disposed of

Holding

The Court directs the petitioner to file an appeal before the Grievance Appellate Committee within ten days and orders preservation of the petitioner’s digital assets during the appeal and for two weeks after the appellate order.

Summary

Harshad Hiru Naik filed a writ petition challenging actions of the Union of India and others. Respondent No.3 replied on 4 September 2026, prompting the Court to direct the petitioner to invoke the remedy under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by filing an appeal before the Grievance Appellate Committee within ten days. The Court ordered that the digital assets of the petitioner be preserved during the pendency of the appeal and for two weeks after the appellate order. The appeal, if filed, must be decided preferably within six weeks of receipt. The petition was thereafter disposed in these terms.

Issues considered

What remedy is available to the petitioner under Rule 3A of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021?
Whether the order preserving the petitioner’s digital assets should continue pending the appeal and for a specified period thereafter?

Legislation cited

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — s. Rule 3A

Subjects

Information Technology
Intermediary Guidelines
Digital Assets
Writ Petition
Procedural Order
Appeal
Preservation

Judgment

                               77 WP 1141 2026

     Meena

             IN THE HIGH COURT OF BOMBAY AT GOA
                  WRIT PETITION NO.1141 OF 2026

HARSHAD HIRU NAIK                                     ... PETITIONER
  Versus
UNION OF INDIA THR MINISTRY OF
HOME AFFAIRS AND 2 ORS                                ... RESPONDENTS


Mr. Jatin Ramaiya, Advocate with Mr. Omkar Parab, Advocate
(through VC) for the Petitioner.
Mr. Pravin Faldessai, Central Government Standing Counsel
with Mr. Anand Shirodkar and Ms. Swizel Falcao, Advocates for
the Respondent No.1.
Ms. Amee Rana (through VC) with Mr. Vishesh Sharma, Ms.
Tanvi Raina and Mr. Parikshit Sawant, Advocates for
Respondent No.3.


                    CORAM:- VALMIKI MENEZES &
                            AMIT S. JAMSANDEKAR, JJ.
                    DATED :- 8th September, 2026

P..C:
1.      The Respondent No.3, through its Grievance Officer, has
responded to the Petitioner's representation by communication
dated 04.09.2026.   Considering that there is now a response, the
remedy available to the Petitioner under Rule 3A of the
Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021 is to file an appeal before
Respondent No.2 i.e. the Grievance Appellate Committee. The
Petitioner submits that he would file an appeal within 10 days from
today; if such appeal is filed, the Grievance Appellate Committee -

                                   Page 1 of 2
                                8th September, 2026
                                                         77 WP 1141 2026


                    Respondent No.2 shall consider the appeal and reply of the
                    Respondent No.3, if any, and dispose of the appeal, preferably
                    within a period of six weeks from the date of receipt of the appeal.


                    2.           During the pendency of such appeal, if filed, the statement
                    made by Respondent No.3 as recorded in our order of 27.08.2026
                    that the digital assets of the Petitioner would be preserved shall
                    continue during the pendency of the appeal and continue in
                    operation till 2 weeks after the appellate order is passed.
                    3.      Petition stands disposed of in the above terms.



                      AMIT S. JAMSANDEKAR, J.                       VALMIKI MENEZES, J.




Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                            Page 2 of 2
Date: 09/09/2026 18:12:14
                                                         8th September, 2026

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