New Delhi:
The Supreme Court was informed on Tuesday that the central government withdrew its instructions to block the YouTube channel 4PM news network.
Hearing a petition filed by Journalist Sanjay Sharma, a bench of Justice Bra Gawai and AG Masih, was challenging the Center’s instructions to block his news channel on YouTube on the basis of “national security” and “public order”.
Senior advocate Kapil Sibal, who appeared on behalf of the petitioner, presented that since the blocked order has been withdrawn by the authorities, the prayer has changed badly for interim relief.
However, Mr. Sibal suppressed the prayer contained in the petition challenging the constitutional validity of the Information Technology (IT) Blocking Rules, 2009.
In view of the submission, the apex court ordered the immediate petition to be tagged with a pending batch of arguments to increase similar issues. Last week, a bench led by Justice Gawai issued a notice on a petition filed by the editor of Digital News Platform and sought reactions from the Central Government including the Ministry of Home Affairs and YouTube.
When a prayer was suppressed for interim relief, the apex court stated that the government was not willing to pass any migration order without hearing. In his writ petition filed before the apex court, journalist Sanjay Sharma said that a non-furnation or underlying complaint of the blocked order violated legal and constitutional security measures.
“Rule 8, 9, and 16 information technology (procedure and safety measures to block information by public) Rules, 2009, which allow to block without notice or hearing, Article 14, 19 (1) (A), and violate the constitution, as they stop the principles of natural justice and enable a shade regime for transforce.
In addition, it said that the constitution does not allow the removal of blankets without material without an opportunity.
“National Security ‘and’ Public Order ‘are not amulets to insulating executive action from scrutiny. They are constitutionally recognized basis under Article 19 (2), but are subject to testing of rationality and genetics,” said the plea.
A vague reference to these grounds, even without disclosing objectionable material, makes it impossible for the petitioner to challenge or measure the charge, which deprived him of his fundamental right for free speech and fair hearing, said the petition said.
India’s editor Guild recently said in a press statement that it was “deeply concerned” with the central government’s decision to block the YouTube channel 4PM news network, and the move is called “without opaque use of executive power, without opportunity for prior notice or response”. “Arbitrary Techdown orders reduce the fundamental right to freedom of speech.
Guild reiterated its demand for a transparent and accountable mechanism for the content Techdown, especially when it worries about the work of journalism. National security cannot be excuses to silence important voices or independent reporting, “the press statement added.
(Except for the headline, the story has not been edited by NDTV employees and is published by a syndicated feed.)
