The division judge bench of the Jharkhand High Court observed that merely putting the words and phrases “public interest”, “adequate safety of students at large”, “ensuring fair examination” without any factual backing to arrive at the said conclusion is not sufficient to shut down the entire internet services, that too throughout the entire State, as it is now well established that shutting down of internet facility amounts to infringement of fundamental rights enshrined under Article 19 of the Constitution of India.
Brief Facts:
The factual matrix of the case is that the PIL was filed concerning the shutdown of internet facilities in Jharkhand. Previously, the interim order of stay was refused by the court on the ground that the internet facility in totality was not disabled rather, it was only a partial disablement for a very limited period, and that too only for mobile internet. Thereafter, by way of notification, the government suspended the internet facilities in totality.
Observations of the Court:
The Hon’ble Court observed that the act of the government in suspending the internet facilities in totality nullifies and modifies the judicial order passed by the Court. This prima facie amounts to criminal contempt also.
The court furthermore observed that merely putting the words and phrases “public interest”, “adequate safety of students at large”, and “ensuring fair examination” without any factual backing to arrive at the said conclusion is not sufficient to shut down the entire internet services, that too throughout the entire State, as it is now well established that shutting down of internet facility amounts to infringement of fundamental rights enshrined under Article 19 of the Constitution of India.
Based on these considerations, the court directed the Respondents to file the counter affidavit.
The decision of the Court:
With the above direction, the court listed the matter on 14th November 2024.]
Case Title: Rajendra Krishna V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Ananda Sen and Hon’ble Mr. Justice Mr. Sachin Kumar, A.A.G.
Case No.: W.P. (PIL) No. 5287 of 2024
Advocate for the Petitioner: Mr. Rajendra Krishna, In Person
Advocate for the Respondent: Mr. Sachin Kumar, A.A.G.
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