SC issues notice to centre on pleas against blocking of BBC documentary on Gujarat Riots

NEW DELHI : The Supreme Court on Friday issued notice on petitions challenging the Centre’s decision to ban BBC documentary on 2002 Gujarat riots. The apex court declined to pass an interim order, but directed the Centre to place before it the original record of decision taken and scheduled the next hearing in April.

A bench comprising Justices Sanjiv Khanna and M.M. Sundresh directed that the Centre should produce the original records in connection with its order on the documentary on the next date of hearing in April.

The apex court was hearing a petition filed by journalist N. Ram, advocate Prashant Bhushan and Trinamool Congress MP Mahua Moitra, and another petition filed by advocate M.L. Sharma.

Senior advocate C.U. Singh, representing N. Ram and others, submitted that it was a case where the Centre invoked the emergency powers under the IT Rules to block the documentary. The bench asked counsel, “Why should you not go to the high court first?”

Singh replied that the apex court had transferred to itself the petitions pending in the high court challenging the IT Rules and urged the bench to grant interim relief in the matter. The bench said it is not considering that aspect at the present juncture and orally observed that people have been accessing the documentary.

The apex court said it can’t pass interim directions without hearing what the government has to say. After hearing submissions, the bench issued notice in the matter.

The plea filed by Sharma contended that the BBC documentary on Gujarat riots recorded and was released for public view, however due to fear of truth the documentary has been banned from viewership in India by any means under rule 16 of IT Act 2021.

Sharma’s plea sought a direction for quashing of the January 21 order under the IT Act being illegal, mala fide and arbitrary, unconstitutional and void ab-initio and ultra vires to the Constitution of India.

The documentary titled ‘India: The Modi Question’ has been banned on social media and online channels, but some students have screened it on campuses of various universities across the country.

Sharma’s plea contended that the BBC documentary has reflected true facts with original recording of the victims of riot 2002 as well as other concerned persons involved in the scenario of riot, and it can be used for judicial justice.

A separate petition has been filed by journalist N. Ram, Trinamool Congress MP Mahua Moitra, and advocate Prashant Bhushan against taking down their tweets with links of the documentary.

“The contents of the BBC documentary and the tweets by petitioner No. 2 (Bhushan) & 3 (Moitra) are protected under Article 19(1)(a) of the Constitution of India. The contents of the documentary series do not fall under any of the restrictions specified in Article 19(2) or B restrictions imposed under Section 69A of the IT Act, 2000,” said the plea by Ram and others.

The government has blocked the sharing of any clips from the documentary on social media. Students’ organisations and opposition parties have organised public screenings of the documentary to protest against the ban.

The plea by N. Ram and others argued that the apex court has categorically laid down that criticism of the government or its policies or even the judgment of the Supreme Court does not tantamount to violating the sovereignty and integrity of India.

“Censoring the freedom of speech and expression of the petitioners by the Executive through opaque orders and proceedings is manifestly arbitrary as it frustrates the fundamental right of petitioners to effectively seek judicial review of administrative actions under Article 226 and Article 32 of the constitution of India in violation of the Basic Structure of the Constitution of India,” added the plea. — IANS

Also read-

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Related Stories

SC to hear pleas over constitutionality of sedition law in January

0
New Delhi : The Supreme Court said on Wednesday that it will hear the batch of petitions challenging the constitutionality of the colonial-era penal...

SC tags Umar Khalid’s plea challenging UAPA with existing petitions against it

0
New Delhi : The Supreme Court on Friday tagged a writ petition by former JNU scholar and activist Umar Khalid with other existing petitions...

Ex-Maha Minister Nawab Malik’s bail extended by three months

0
New Delhi : The Supreme Court on Thursday extended for three months its earlier order granting interim bail on medical grounds to former Maharashtra...
11 men sentenced to life imprisonment for murdering 7 Muslims and gang-raping a pregnant Bilkis Bano after being released.

SC hearing arguments against remission granted to convicts in Bilkis Bano case

0
New Delhi : The Supreme Court on Wednesday commenced hearing rejoinder arguments on behalf of the petitioners, including Bilkis Bano, against the early release...

We are Gau Mata country: Himanta on DMK MP’s comment

Guwahati : Assam Chief Minister Himanta Biswa Sarma on Wednesday said India is a “Gau Mata” country and asserted that there is no dispute...

‘Here to make it easier for Muslims in India to go to Makkah, Madinah”: Saudi Minister of Hajj

New Delhi : Saudi Minister of Haj and Umrah Tawfiq bin Fawzan Al-Rabiah on Wednesday said “We are here to make it easier for...

31 years after Babri Mosque demolition: Perpetrators rule India

By Shamsul Islam Criminal Hindutva perpetrators instead of being punished rule India The RSS-BJP government of India led by a seasoned RSS whole-timer, Narendra Modi has...

Indian Army Major dismissed for ‘ties with Pakistani intelligence operative’

An Indian Army Major, who was recently dismissed from service by the President in October, is alleged to have been in contact with a...

Postpone probe into madrasas: UP madrasa board to Yogi govt

Lucknow : Following the Uttar Pradesh government’s decision to initiate a probe into the availability of basic facilities and competent teachers at state-funded madrasas,...

Turkey, Qatar sign 12 agreements, issue joint declaration after high strategic committee meeting

DOHA, Qatar : Turkey and Qatar on Monday signed 12 cooperation agreements in various fields and the joint declaration of the 9th meeting of...

Anti-terror case: NIA searches in 5 J&K districts

Srinagar: The National Investigation Agency (NIA) on Tuesday carried out searches at several places in five districts of Kashmir valley as part of a...

Almost 1.9M Palestinian displaced across Gaza Strip since Oct. 7: UN

ISTANBUL : Almost 1.9 million people, or over 80% of the population, have been displaced across the Gaza Strip since Oct. 7, the UN...

Modi will become PM for third time: Badruddin Ajmal

Guwahati : All India United Democratic Front (AIUDF) chief, Badruddin Ajmal said that the BJP’s victory in the three state Assembly elections have proved...

Saudi Arabia gears up to deliver world-class services to Hajj and Umrah performers

By Tareq Wahab In recognition of its historical obligation and with a deep sense of honor, the Custodian of the Two Holy Mosques government has...

Afghan tragedy unfolds in Pakistan

By Asad Mirza For the last two months the international attention has been focussed on the continuing Gaza crisis, yet in its background another human...

2022 sees 24% rise in crime against women, minors, SC/ST: NCRB report

The National Crime Records Bureau (NCRB) recently released its comprehensive data for 2022, shedding light on the surge in crime against women, children, Schedule...

Hindu young women will lose rights if they marry Muslims: Karnataka BJP leader

Dakshina Kannada : BJP leader Malavika Avinash asserted that Hindu young women who marry a Muslim would lose their rights. She also raised questions about...

Is the party now over for Mayawati and BSP in UP?

Lucknow : The Bahujan Samaj Party has miserably failed to arrest its downslide in politics. The BSP failed to open its account in Chhattisgarh, Madhya...

FIR against Kafeel Khan for ‘objectionable’ content in his book

Lucknow : A case has been registered against Kafeel Khan, a former doctor at the BRD Medical College in Gorakhpur, and five unidentified people...