Supreme Court seeks Centre response on AAP plea against suspension of Gujarat social media accounts

The Supreme Court on Friday sought the Centre’s response to a plea filed by the Aam Aadmi Party challenging the suspension of its Gujarat unit’s Instagram and Facebook accounts.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe issued notice to the Union government and tagged the matter with pending petitions involving similar issues related to blocking of online content and social media accounts.

The case was linked with the petition titled Software Freedom Law Center, India vs Union of India, which challenges the blocking of social media accounts and posts without prior notice to users.

Senior advocate Shadan Farasat, appearing for AAP, argued before the court that Section 79(3)(b) of the Information Technology Act could not be used as a source of power to block social media accounts.

He submitted that the provision only concerns safe harbour protection available to intermediaries and does not authorise authorities to issue blocking directions.

Farasat also stressed the urgency of the matter, saying the suspension had effectively disabled the party’s online outreach during a politically sensitive period.

Solicitor General Tushar Mehta informed the court that a formal notice to the Union may not be necessary and requested that a copy of the petition be served directly to him.

AAP’s Gujarat unit’s Instagram handle “@aapgujarat” and Facebook page were suspended on April 25, shortly before local body elections in the State.

The suspension was reportedly linked to alleged copyright violations involving the use of clips from Gujarati films in political campaign material without permission.

At the time, AAP leaders alleged that the suspension was politically motivated and claimed that Meta acted under pressure from the BJP.

In its petition, AAP sought a declaration that Section 79(3)(b) of the IT Act cannot be used to direct blocking of online information.

The party also challenged the legality of all related directions, rules and notifications issued under the provision insofar as they concern blocking or suspension of content.

AAP has requested the Supreme Court to quash the alleged blocking directions issued to Meta by law enforcement agencies and sought access to records related to the suspension orders.

The plea further argued that the blocking of the party’s social media accounts was arbitrary, unconstitutional and violative of fundamental rights guaranteed under the Constitution.

Additionally, the party sought guidelines and procedural safeguards for blocking or suspending official social media accounts of registered political parties.

AAP urged the court to ensure that such actions are taken only after prior notice, an opportunity to be heard and written reasons, in accordance with Article 19(2) of the Constitution and Section 69A of the IT Act.

Section 69A empowers the government to block public access to online information on specific grounds, including national security, sovereignty, public order and prevention of offences.

The matter has been registered as Writ Petition (Civil) No. 576/2026, titled Aam Aadmi Party Secretary vs Union of India.