NEW DELHI: The government has withdrawn its order blocking YouTube channel "4PM," senior advocate Kapil Sibal , appearing for the petitioner, informed the Supreme Court on Tuesday.
The bench of chief justice-designate BR Gavai and justice AG Masih was hearing a plea filed by Sanjay Sharma, the editor of 4PM, seeking quashing of the order blocking the channel, which has a subscriber base of 73 lakh.
The plea claimed the blocking was affected by the intermediary pursuant to an undisclosed direction issued by the Centre on vague grounds of "national security" and "public order".
Sibal also requested the bench to tag the plea with separate pending petitions which have challenged Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
He said Sharma's petition also sought quashing of Rule 16 of the 2009 Rules.
The plea further sought striking down Rule 9 of the Blocking Rules, 2009, which mandates issuance of a notice, opportunity of hearing, and communication of a copy of the interim order to the originator or creator of the content prior to passing a final order.
The bench tagged the plea with the pending separate pleas.
On May 5, the Supreme Court sought responses from the Centre and others on Sharma's plea, which described the government's order as a "chilling assault on journalistic independence ."
The plea, filed through advocate Talha Abdul Rahman, said no blocking order or underlying complaint was furnished to the petitioner.
The petition stated it was a settled law that the Constitution does not permit blanket removal of content without an opportunity to be heard.
Seeking a direction to the Centre to produce the order with reasons and records, if any, issued to the intermediary for blocking the channel, it asked for a direction to quash the blocking order.
The plea said 4PM was blocked without giving Sharma any fair opportunity to clarify or justify his case.
Blocking Rules, 2009, including Rules 8, 9, and 16, infringe upon fundamental rights guaranteed under the Constitution, it added.
(With PTI inputs)
The bench of chief justice-designate BR Gavai and justice AG Masih was hearing a plea filed by Sanjay Sharma, the editor of 4PM, seeking quashing of the order blocking the channel, which has a subscriber base of 73 lakh.
The plea claimed the blocking was affected by the intermediary pursuant to an undisclosed direction issued by the Centre on vague grounds of "national security" and "public order".
Sibal also requested the bench to tag the plea with separate pending petitions which have challenged Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
He said Sharma's petition also sought quashing of Rule 16 of the 2009 Rules.
The plea further sought striking down Rule 9 of the Blocking Rules, 2009, which mandates issuance of a notice, opportunity of hearing, and communication of a copy of the interim order to the originator or creator of the content prior to passing a final order.
The bench tagged the plea with the pending separate pleas.
On May 5, the Supreme Court sought responses from the Centre and others on Sharma's plea, which described the government's order as a "chilling assault on journalistic independence ."
The plea, filed through advocate Talha Abdul Rahman, said no blocking order or underlying complaint was furnished to the petitioner.
The petition stated it was a settled law that the Constitution does not permit blanket removal of content without an opportunity to be heard.
Seeking a direction to the Centre to produce the order with reasons and records, if any, issued to the intermediary for blocking the channel, it asked for a direction to quash the blocking order.
The plea said 4PM was blocked without giving Sharma any fair opportunity to clarify or justify his case.
Blocking Rules, 2009, including Rules 8, 9, and 16, infringe upon fundamental rights guaranteed under the Constitution, it added.
(With PTI inputs)
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