New Delhi, May 8 The Supreme Court on Friday sought the Centre's response on a plea by the Gujarat unit of Aam Aadmi Party (AAP) challenging the suspension of its social media accounts.
A bench of Justices P S Narasimha and Alok Aradhe issued notice on the plea and tagged it with other similar pending petitions which have challenged the action of blocking social media accounts and posts without issuing notice to the user.
During the brief hearing, senior advocate Shadan Farasat contended that section 79(3)(b) of the Information Technology Act, which has been invoked by the authorities, was not applicable as it is a safe harbour provision for the intermediary.
He submitted that the pending petition involves overlapping but not identical issues.
Solicitor General Tushar Mehta submitted that issuing notice to the Centre may not be necessary and a copy of the petition may be allowed to be served.
In its plea, the party has questioned the legal basis for the blocking and suspension of its social media accounts and a declaration that Section 79(3)(b) was not a source of power for authorities to direct the blocking of information.
The plea also seeks a declaration that all consequential directions, rules and notifications issued under the provision, insofar as they relate to the blocking of information, are void.
AAP has sought the quashing of the directions allegedly issued by law enforcement authorities for blocking or suspending the social media accounts of the party.
