The Supreme Court on Tuesday was informed that the Central government has withdrawn its recent order to block the YouTube channel of 4PM News..A Bench of Justices BR Gavai and AS Masih was hearing a petition moved by 4PM News against the blocking order. The Court had last week asked the Union government to respond to the plea.Today, Senior Advocate Kapil Sibal, appearing for 4PM News, submitted that the blocking order has been withdrawn. However, he urged the Court to keep the plea pending since the petitioner has also challenged the constitutionality of the blocking rules under Information Technology Act.The Court agreed and tagged it with a pending matter challenging the rules..The plea filed by Editor of 4PM News Sanjay Sharma stated that the channel was blocked pursuant to an undisclosed direction issued by the Centre on the grounds of “national security” and “public order.” It was argued that as per Section 69A of the Information Technology Act, 2000, reasoned orders and a reasonable opportunity to be heard must be given before any blocking."It settled law that the Constitution does not permit blanket removal of content without an opportunity to be heard. “National security” and “public order” are not talismanic invocations to insulate executive action from scrutiny. They are constitutionally recognised grounds under Article 19(2), but are subject to the test of reasonableness and proportionality. A vague reference to these grounds, without even disclosing the offending content, makes it impossible for the Petitioner to challenge or remedy the allegation, thereby depriving him of his fundamental right to free speech and fair hearing," the plea said..Calling the Centre's action a "chilling assault on journalistic independence", the petitioner had sought quashing of the blocking order. This decision has been withdrawn now, as per the information submitted to the top court.The plea also assails Rules 8, 9 and 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, which permit blocking without notice or hearing, as being unconstitutional..The petition was filed by Advocate Talha Abdul Rahman and drawn by Advocates Mohammad Haider Rizvi and Shaz Khan.
