The Supreme Court on Friday did not remove the Ban from BBC Documentary but issued notice on petitions challenging the Centre’s decision to block public access to the BBC documentary titled, “India: The Modi Question”.
A bench comprised of Justice Sanjiv Khanna and Justice MM Sundresh ordered that the Centre produce the original records pertaining to the order on the next date of hearing, which will be in April 2023.
The bench was deliberating on two petitions, one filed jointly by journalist N Ram, Advocate Prashant Bhushan, and TMC MP Mahua Moitra, and the other by Advocate ML Sharma.
Representing the petitioners, Senior Advocate Chander Uday Singh, submitted that it was a case where the Centre invoked the emergency powers under the IT Rules to block the documentary.
To this Justice Sanjiv Khanna asked, “Why should you not go to the High Court first?”
Advocate Singh responded that, at the request of the Union, the Supreme Court transferred to itself the petitions pending in the High Court challenging the IT Rules. He also stated that the Supreme Court has barred the High Courts from hearing those cases.
The bench inquired whether the blocking order was issued in accordance with the same rules. Singh responded positively. He also stated that some provisions of the IT Rules have already been stayed by the Bombay and Madras High Courts.
The bench then decided to issue notice, returnable in April 2023. Singh then said that he is praying for two limited interim reliefs- “No, not at this stage”, Justice Khanna said.
The senior counsel then explained that one of the interim reliefs he was seeking was a direction to the Centre to place all original records on record. Universities are taking action against students for screening the documentary based on this secret order, he added. He claimed that the IT Rules require the emergency blocking orders to be published within 48 hours.
The court then added in the order, “respondents will also produce the original records before this Court on the next date of hearing”.
Singh then asked for an earlier hearing date.
Denying Singh’s request for an earlier date, Justice Khanna remarked, “It is also a fact that people have been accessing those videos.”
“What is happening is that the university administration is rusticating students,” Singh urged.
“That’s a separate issue…we’re more concerned with the legal aspect,” Justice Khanna responded.
It is also to be noted that in their petition, N. Ram, Prashant Bhushan, and Mahua Moitra claim that by preventing the release of the Modi documentary, the Central Government has violated the Right to Know of the people.
The petition seeks to restrain the Central Government from censoring the BBC documentary and to invalidate any orders that obstruct online access to it both directly and indirectly.
On January 21, the Ministry of Information and Broadcasting reportedly used its emergency powers under the IT Rules 2021 to order the removal of the links from YouTube and Twitter when the first part of the documentary, which deals with the Gujarat riots of 2002, occurred while Narendra Modi was the state’s Chief Minister.
