The Supreme Court on August 17 granted interim relief to the Aam Aadmi Party (AAP), directing Meta to restore the Instagram and Facebook pages of its Gujarat unit, subject to the removal of objectionable posts.
A Bench comprising Justice P. S. Narasimha and Justice Alok Aradhe passed the order on an interlocutory application filed by AAP in its main petition, which raises the broader issue of blocking social media content and accounts without providing adequate notice or reasons to users.
The interim application sought restoration of AAP Gujarat’s Instagram account, “@aapgujarat”, and its Facebook page. The two accounts had cumulatively garnered more than 10.39 lakh followers before they were blocked in April. AAP argued that blocking the pages effectively choked an important communication channel of a national political party and that interim relief was therefore necessary.
Senior Advocate Shadan Farasat, appearing for AAP, urged the Court to grant interim relief, particularly as the Union had again sought an adjournment. When the matter was initially called, it was passed over as Solicitor General Tushar Mehta was appearing in another court. Before adjourning the matter, the Bench had indicated that it would consider granting interim relief.
When the matter was taken up later, an advocate appearing for the other side strongly sought an adjournment until Wednesday. The Bench, however, proceeded to decide the interim application.
Justice P. S. Narasimha questioned the repeated requests for adjournment, The Bench thereafter allowed the interim application, directing that objectionable posts be removed, and posted the matter for further hearing after two weeks.
The suspension of the accounts took place on April 25, 2026, shortly before local body elections in Gujarat. The action was reportedly linked to alleged copyright violations involving the use of scenes and clips from Gujarati films in political campaign material without permission. AAP leaders had alleged at the time that the action was politically motivated and claimed that Meta had blocked the accounts at the behest of the BJP.
In its main petition, AAP has challenged the legal basis for blocking and suspending its social media accounts. The party has sought a declaration that Section 79(3)(b) of the Information Technology Act cannot be treated as a source of power for authorities to direct the blocking of information.
Section 79 provides for exemption from liability of intermediaries. Under Section 79(3)(b), such protection is unavailable where, upon receiving actual knowledge through a court order or government notification that unlawful information hosted on its platform is being used to commit an unlawful act, an intermediary fails to expeditiously remove or disable access to the material.
AAP has also challenged consequential directions, rules and notifications issued under the provision insofar as they relate to blocking of information. It has sought quashing of directions allegedly issued by law enforcement authorities to Meta for blocking or suspending the Gujarat unit’s Instagram and Facebook accounts.
The petition further seeks production of records relating to the blocking directions and a declaration that the blocking of the “@aapgujarat” Instagram account and Facebook page was arbitrary, illegal and unconstitutional.
AAP has also sought the framing of guidelines and procedural safeguards governing the blocking or suspension of official social media accounts of registered political parties. It has urged that such action should be taken only after prior notice, an opportunity of hearing and disclosure of written reasons, and must conform to the grounds under Article 19(2) of the Constitution read with Section 69A of the Information Technology Act.
Section 69A empowers the government to direct blocking of public access to online information on specified grounds, including the sovereignty and integrity of India, defence and security of the State, friendly relations with foreign States, public order, and preventing incitement to the commission of certain cognisable offences.
The Supreme Court has now restored the Gujarat unit’s social media presence on an interim basis, with the condition that objectionable posts be removed. The main petition, raising the larger questions concerning the legality and procedure for blocking political parties’ social media accounts, is scheduled to be considered after two weeks.
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