HC-NIC
C/WPPIL/191/2015
ORDER
(7) Where an application under sub-section (5), or subsection (6) is received, the Magistrate, or the State
Government, as the case may be, shall afford to the
applicant an early opportunity of appearing before him or
it, either in person or by pleader and showing cause
against the order, and if the Magistrate or the State
Government, as the case may be, rejects the application
wholly or in part, he or it shall record in writing the
reasons for so doing.”
6. The language used under sub-section (1) of Section 144 is “to
prevent, or tends to prevent, obstruction, annoyance or injury
to any person lawfully employed or danger to human life,
health or safety, or a disturbance of the public tranquility, or a
riot, or an affray”. As per the aforesaid provision, power may be
exercised if any of the aforesaid contingencies occurs.
7. Section 69A of the Information Technology Act, 2000 reads as
under:“69A. Power to issue directions for blocking for
public access of any information through any
computer resource.-(1) Where the Central Government
or any of its officer specially authorised by it in this
behalf is satisfied that it is necessary or expedient so to
do, in the interest of sovereignty and integrity of India,
defence of India, security of the State, friendly relations
with foreign States or public order or for preventing
incitement to the commission of any cognizable offence
relating to above, it may subject to the provisions of subsection (2) for reasons to be recorded in writing, by
order, direct any agency of the Government or
intermediary to block for access by the public or cause to
be blocked for access by the public any information
generated, transmitted, received, stored or hosted in any
computer resource.
(2) The procedure and safeguards subject to which such
blocking for access by the public may be carried out,
Page 8 of 15
Page 8 of 15
Created On Thu Sep 17 08:11:45 IST 2015