Central Government slammed by Mumbai High Court for throttling freedom of thoughts !
Issue regarding unjust ban on web-page of Facebook and website of HJS
Government cannot impose ban for indefinite period without hearing of the case ! – Mumbai High Court
Mumbai : In August 2012, the Central Government imposed ban on the website of Hindu Janajagruti Samiti (HJS) viz. www.hindujagruti.org and its Facebook page www.facebook.com/hindujagruti for publishing factual news related to riots instigated in Assam during July/ August 2012; thus doing injustice to HJS. HJS, therefore, filed a petition against the decision of the Government and its hearing was held in Mumbai High Court on 22nd July 2014. HJS had earlier fought for withdrawal of ban on its website; but ban on Facebook page is still not lifted.
Hearing of the petition was held before the Bench of Mumbai High Court comprising of Justice Abhay Oak and Justice Chandurkar; who expressed their astonishment on the Central Government imposing ban without giving any reasons for doing so. Under clause 69-A of Information and Technology Act, it is imperative to give reasons while imposing ban. The High Court admonished the Central Government that if ban is of temporary nature, the Government has no right to continue it for indefinite period without holding hearing on the case. Although the Central Government has right to impose ban immediately as per clause 9 of the above Act, it should have held hearing on the case and passed an order of ban giving reasons for the same. The Court took serious note of the Central Government not even initiating such process in last two years and ordered to hold next hearing on 30th July 2014.