MUMBAI: Some are labeling it a victory of sorts for Anand Vikatan managing director B. Srinivasan - albeit a conditional one at that. The Madras high court has ordered the Indian central government to restore access to the website of Tamil weekly magazine Ananda Vikatan, provided a controversial cartoon is removed from the site.
Justice D Bharatha Chakravarthy of the Madras high court issued the interim order on Thursday in response to a petition filed by the magazine, whose website (www.vikatan.com) was blocked by authorities in mid-February.
The cartoon at the centre of the dispute depicted Indian prime minister Narendra Modi and US President Donald Trump, which the government claimed was "detrimental to the sovereignty and integrity of India and its friendly relations with foreign states."
In his ruling, Justice Chakravarthy reasoned that since the caricature appeared to be the only objectionable content, the remainder of the magazine's website should remain accessible to subscribers.
"The block of the website shall be lifted without waiting for a certified copy of the Court's order," the judge directed, after ordering Ananda Vikatan to email confirmation to the government that it had removed the contentious material.
The magazine argued in court that the cartoon constituted legitimate political satire related to the mistreatment of Indian deportees from the US. Its legal team, led by senior advocate Vijay Narayan, contended that blocking the entire website was "unjustified, disproportionate and excessive" and resulted in the "suppression of critical journalism."
Government counsel defended the blocking action under Section 69A of the Information Technology Act, arguing it represented a reasonable restriction on fundamental rights. The court granted the government's request for two weeks to file a formal reply.
The judge noted that the court must ultimately determine whether the caricature falls under protected artistic and journalistic freedom or whether it is appropriately restricted under the IT Act.
The case will be heard next on 21 March.