The Supreme Court on Monday issued notice to the Central government in a plea challenging the blocking of the YouTube channel of 4PM News on grounds of "national security"..A Bench of Justices BR Gavai and KV Viswanathan sought replies within two weeks..The plea filed by Editor of 4PM News Sanjay Sharma states that the channel was blocked pursuant to an undisclosed direction issued by the Centre on the grounds of “national security” and “public order.” He claims that he has not received any formal blocking order.He has 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 states..Calling the Centre's action a "chilling assault on journalistic independence", the petitioner sought quashing of the blocking order. 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.
