In a major relief to the Aam Aadmi Party, the Supreme Court on Monday ordered restoration of the Instagram and Facebook pages of the party’s Gujarat unit, subject to the removal of objectionable posts.A Bench led by Justice PS Narasimha passed the order on an interim application filed by AAP Gujarat seeking restoration of its Facebook and Instagram accounts.The order came after senior counsel Shadan Farasat opposed the Centre’s request for adjournment and pointed out that it had already been adjourned several times and that the government failed to file its reply despite notice having been issued a month ago.After passing the interim order, the Bench posted the matter for further hearing after two weeks.The AAP’s social media accounts were blocked on the eve of the April 26 local body elections in Gujarat.May 8, the top court had issued a notice to the Centre on the Aam Aadmi Party’s petition challenging suspension of its Gujarat unit’s Instagram handle “@aapgujarat” and its Facebook page.“Today my portal is gone and I may need to post something in the interim,” Farasat had told the Bench on behalf of the AAP.Section 69A of the Information Technology Act, 2000 empowers the government to block public access to online information under specified conditions – in the interest of the sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, or for preventing incitement to the commission of a cognisable offence relating to these grounds.Questioning the legal basis for the blocking and suspension of its social media accounts, the AAP has sought a declaration that all consequential directions, rules and notifications issued under the provision, insofar as they related to blocking of information, were void.The party has also sought quashing of the directions allegedly issued by law enforcement authorities to Meta (Facebook) for blocking or suspending the Gujarat unit’s Instagram and Facebook accounts, terming it arbitrary, illegal, unconstitutional and violative of the Constitution.It has also urged the top court to issue guidelines and procedural safeguards governing blocking or suspension of official social media accounts of registered political parties.The top court should ensure that such action can only be taken after prior notice, an opportunity of hearing, and written reasons, and only in conformity with the grounds under Article 19(2) of the Constitution read with Section 69A of the IT Act, the AAP submitted.


