Chennai:
Madras High Court has ordered four week notice to Union Information Technology Secretary under Ministry of Communications and Information Technology on the issue of blocking the website savukku.net.
The first bench comprising of acting chief justice Satish K Agnihotri and Justice M M Sundaresh ordered notice to the Union secretary after veteran journalist T N Gopalan in his affidavit and writ petition opposed blocking of Savukku website, which has exposed scams, fake encounters and illegal constructions.
In his affidavit he stated that the order to close the website by the High Court appears to have been passed suo moto in exercise of its inherent powers because criminal original petition by advocate and television newsreader Mahalakshmi was filed for a direction to the police to register a case based on complaint.
“When a litigant approaches the court for a direction to the police to register a case based on his complaint, the court issues a direction and closes the petition. But in the Criminal Original Petition, the court has been monitoring the police investigation for about two months continuously,” Gopalan submitted.
He said the procedure and safeguards for blocking for access of information by public have been prescribed by Union of India under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
The respondents – Union IT secretary and Group coordinator (Joint Secretary) Cyber Law Division, department of information technology, Ministry of Communications and Information Technology , have no authority to block the entire Savukku website except in accordance with the said rules.
“The people’s right to know about the existence and governance of various institutions, public and private, is a facet of their fundamental right to freedom of speech and expression.,” he submitted.
“In the event of the respondents blocking entire website without following the procedure prescribed under the said rules, such action of respondents would be destructive of public interest and would also be violative of Articles 14, 19 91) (a) and 21 of the constitution,” Gopalan said.
“It is prayed that the court issue a writ of mandamus forbearing the respondents from blocking www.savukku.net (savukku website) except in accordance with procedure prescribed under Information Technology (Procedure and safeguards for Blocking for Access of Information by Public) Rules, 2009, and thus render justice,” he submitted.
Bhavani Subbarayan, Central government standing counsel, took notice on behalf of Union government.
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