The High Court of Jharkhand in a PIL filed relating to the suspension of internet in several districts of the state issued directions to the government to upload all previous orders pertaining to the suspension of internet services within 48 hours on the official website of the State Government.
Brief Facts:
The PIL filed by the Software Freedom Law Center, India, sought a direction from the court to compel the respondents to produce and publish orders passed on 07.02.2022, 10.06.2022, and 11.06.2022, which led to the suspension of internet services in the State. Additionally, the petitioner requested the court to issue a writ of certiorari to annul the orders dated 07.02.2022, 10.06.2022, and 11.06.2022, which imposed the suspension of internet services in various regions of Jharkhand State and urged the court to issue a writ of mandamus to disclose all review proceedings and orders issued by the Review Committee of the State, if any, related to the aforementioned orders.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner contended that a direction should be passed directing the respondent to strictly comply with the guidelines framed by the court in the case of Anuradha Bhasin vs. Union of India.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that some incidents had taken place which had the potential to breach the public order and the emergent situation necessitated the suspension of internet services in the said areas. It was further contended that the main object was to prevent the use of the internet to spread rumour and fake information, which could lead to disturbance of law and order by virtue of power conferred under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 read with sub-rule (2A) of the Temporary Suspension of Telecom Services (Amendment) Rules, 2020 and the internet services were suspended only for a short period for two days and such decision was taken because of the exigency of the situation only to prevent loss of life and property, which could have taken place because of breach of public order and law and order in certain Districts.
Observations of the Court:
The court further stated that the present petition is disposed by taking note of the decisions of courts in Anuradha Bhasin versus Union of India and Foundation for Media Professions versus Union Territory of Jammu & Kashmir and another with a direction to the State Government to follow the directions given by the court in these decisions in future in case they take a decision to suspend internet services and further o directed that all previous orders suspending internet services be uploaded within 48 hours in the official website of the State Government.
The decision of the Court:
The court disposed of the petition with directions to the state government.
Case Title: Software Freedom Law Center vs. State of Jharkhand and
Coram: Hon’ble Mr. Justice Sanjaya Kumar Mishra and Hon'ble Mr. Justice Ananda Sen
Case No.: W.P.(PIL) No. 3947 of 2022
Advocate for the Applicant: Mr. Shailesh Poddar
Advocate for the Respondent: Mr. Jay Prakash, Mr. Yogesh Modi and Mr. Omiya Anusha
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