The Supreme Court on Monday asked the Centre to produce original records related to its decision, blocking a BBC documentary, India: The Modi Question on the 2002 Gujarat riots.
A bench of Justices Sanjiv Khanna and M M Sundresh issued notice to the Centre on a joint plea filed by senior journalist N Ram, TMC MP Mahua Moitra and advocate Prashant Bhushan, seeking disclosure of "secret" orders passed by the Centre by using its emergency powers.
The bench fixed the matter for further hearing in April.
The court refused to pass any interim order, even as senior advocate C U Singh, appearing for the petitioners, contended on the basis of secret orders issued by the Centre, Universities were taking action against the students.
The bench said we are issuing notice seeking a counter affidavit within three weeks and rejoinder in two weeks after.
The bench said it was not considering passing any interim order at this juncture as Singh claimed the people acted upon on the basis of secret order.
The bench, however, pointed out it was also a fact that the people were accessing those videos.
At the outset, the bench also asked the petitioners as to why they did not approach the High Court first.
Singh said the top court had transferred to itself the matters questioning the validity of the IT Rules filed in various High Courts of the country.
The petitioners sought directions restraining the Centre from censoring the information contained in the BBC documentary and to call for and quash all orders directly or indirectly censoring it, including but not limited to order of January 20, 2023, which are not in the public domain.
The court also issued notice to a separate petition filed by advocate Manohar Lal Sharma.
The joint plea by Ram, Bhushan and Moitra claimed censoring the freedom of speech and expression by the Executive through opaque orders and proceedings is manifestly arbitrary as it frustrates the fundamental right of petitioners to effectively seek judicial review of administrative actions under Article 226 and Article 32 of the Constitution of India in violation of its Basic Structure.
Sharma, for his part, termed the ban as "malafide, arbitrary, and unconstitutional".
He sought a direction to lift the ban and called for examination of the documentary so that the accused in the Gujarat Riots could be convicted.
"On January 21, 2023, the Centre invoked rule 16 of IT rule 2021 and prohibited citizen of India from watching BBC documentary consisting/ disclosing true facts to of Gujarat riot 2002, without adopting constitutional provisions, causing serious injury to the constitutional systems," Sharma contended.
He sought an order to call and examine BBC documentary Part-I and II and accordingly take proper action for criminal justice under Sections 146, 302, 376, 425 and 120-B and others of IPC against the accused, who were directly or indirectly involved in any manner in the Gujarat riots and to provide complete justice to the citizens.