AAP moves SC against suspension of its Gujarat unit’s Instagram handle
Asking the Centre to respond to the AAP’s petition, a Bench of Justice PS Narasimha and Justice Alok Aradhe clubs it with other petitions involving a similar issue and challenging the blocking of social media accounts/posts without issuing notice to the user
The Supreme Court on Friday issued a notice to the Centre on the Aam Aadmi Party’s petition challenging suspension of its Gujarat unit's Instagram handle, @aapgujarat, and its Facebook page.
Asking the Centre to respond to the AAP’s petition, a Bench of Justice PS Narasimha and Justice Alok Aradhe clubbed it with other petitions involving a similar issue and challenging the blocking of social media accounts/posts without issuing notice to the user.
“Today my portal is gone and I may need to post something in the interim,” senior advocate Shadan Farasat told the Bench on behalf of the AAP.
Solicitor General Tushar Mehta said that issuing notice to the Centre wasn’t needed and that a copy can simply be served on his office.
Section 69A of the Information Technology Act, 2000, empowers the government to block public access to online information under specified conditions – in the interest of the sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states, public order, or for preventing incitement to the commission of a cognisable offence relating to these grounds.
The AAP has questioned the legal basis for the blocking and suspension of its social media accounts.
The AAP has sought a declaration that all consequential directions, rules and notifications issued under the provision, insofar as they relate to blocking of information, are void.
The party has also sought quashing of the directions allegedly issued by law enforcement authorities to Meta (Facebook) for blocking or suspending the Gujarat unit's Instagram and Facebook accounts, terming it arbitrary, illegal, unconstitutional and violative of the Constitution.
The petition wanted the top court to issue guidelines and procedural safeguards governing blocking or suspension of official social media accounts of registered political parties.
The top court should ensure that such action can only be taken after prior notice, an opportunity of hearing, and written reasons, and only in conformity with the grounds under Article 19(2) of the Constitution read with Section 69A of the IT Act, the AAP submitted.
