SC notice to Govt on BBC docu ban, but no interim relief offered

| | New Delhi
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SC notice to Govt on BBC docu ban, but no interim relief offered

Saturday, 04 February 2023 | Pioneer News Service | New Delhi

SC notice to Govt on BBC docu ban, but no interim relief offered

The Supreme Court on Friday directed the Government to produce original records relating to its decision to block a BBC documentary on the 2002 Gujarat riots. A bench of justices Sanjiv Khanna and MM Sundresh issued notices to the Government and others on pleas filed by veteran journalist N Ram, TMC MP Mahua Moitra and activist lawyer Prashant Bhushan.

The matter is listed for next hearing in April. “We are issuing notices. Counter affidavit be filed within three weeks. Rejoinder within two weeks after that. The respondents will also produce original records before this court on the next date of hearing,” the bench said.

The bench asked the petitioners why they did not approach the High Court in the matter. Senior advocate CU Singh, appearing for Ram and the others, submitted that the Government has invoked the emergency powers under the Information Technology (IT) Rules to block the documentary. He said he was seeking a direction to the Centre to place all the original records.

The Supreme Court said it is also a fact that people have been accessing the documentary. Ram and others, in their pleas, have sought a direction to restrain the Government from curbing their right to “receive and disseminate information” on the documentary.

“All citizens, including the press, have the fundamental right to view, form an informed opinion, critique, report on, and lawfully circulate the contents of the documentary as the right to freedom of speech and expression incorporates the right to receive and disseminate information...,” the plea said and referred to several apex court orders on freedom of speech and expression.

The plea has also sought quashing of “all orders directly or indirectly censoring” the information, including those shared on social media.

The plea, which has made Twitter Communications India Private Ltd and Google India parties, has also sought a direction for the restoration of the tweets of the petitioners. “The power of the executive under Section 69 A to lay down directions for blocking public access is limited to sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognisable offence relating to above,” it said.

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