Recent rulings from the Delhi High Court and the Supreme Court of India emphasize the necessity of adhering to established statutory frameworks over extraordinary judicial intervention.
The judiciary is currently navigating a complex intersection where emerging technological frontiers meet the foundational principles of procedural law. In two significant developments this week, high courts have signaled a return to doctrinal basics, emphasizing that even high-stakes disputes involving global entities or allegations of executive overreach must follow the established rulebook of power. These rulings highlight a judicial preference for statutory clarity and the preservation of the separation of powers.
The Delhi High Court division bench, comprised of Justices Avneesh Jhingan and Manmeet Pritam Singh Arora, issued a formal notice to OpenAI in response to an appeal by the news agency ANI. The appeal challenges a July 24 interim order that declined to enjoin the AI giant from using ANI’s copyrighted news content to train its ChatGPT models. While the single-judge bench previously prioritized the public interest in AI development—citing its role in research, education, and knowledge dissemination—the division bench is now scrutinizing whether OpenAI’s prior conduct warrants a different approach. Specifically, counsel for ANI argued that from September 11, 2024, until the July order, OpenAI had voluntarily agreed to a “no scraping” undertaking. The appeal seeks to have this undertaking recognized or restored as the litigation proceeds.
This case represents a critical constitutional and statutory question regarding the protection of intellectual property in the age of generative AI. By declining to grant immediate interim relief and instead scheduling a full hearing for December 2026, the court is adhering to a cautious interpretive path. It seeks to balance the rights of content creators against the transformative potential of new technology without bypassing the rigorous discovery and reply process required by law. The involvement of high-profile intervenors, represented by counsel such as Kapil Sibal, further underscores the global implications of how courts define the “balance of convenience” when private property rights clash with technological advancement.
Simultaneously, the Supreme Court of India, led by Chief Justice Surya Kant, reinforced the importance of jurisdictional hierarchy and the rule of law. The court dismissed an Article 32 petition from former Delhi Mayor Farhad Suri, who sought an FIR and a CBI investigation into a “midnight raid” conducted by Uttar Pradesh Police at his home in Nizamuddin East. Rather than escalating the matter to a central investigative body or providing extraordinary relief, the three-judge bench directed the petitioner to seek remedies through the jurisdictional police station under the ordinary criminal procedure framework.
This dismissal underscores a principled commitment to the separation of functions within the legal system. By relying on Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court affirmed that constitutional remedies are not a substitute for standard procedural steps. The Court declined to entertain broader relief against the conduct of the UP Police, effectively closing the door on central oversight for a matter that the justices believe should be handled by local authorities. This move prevents the Supreme Court from becoming a court of first instance for grievances that have established statutory pathways for resolution.
For those who view the Constitution as a fixed standard, these rulings serve as a vital reminder that the law is most effective when it operates within its intended structural boundaries. Whether dealing with the vast data-scraping capabilities of OpenAI or the local conduct of law enforcement, the judiciary’s role is to interpret the law as written. By insisting on procedural regularity, the courts protect American and international liberty from the whims of administrative or technological overreach, ensuring that every actor, no matter how powerful, is subject to the same rulebook.
