New Delhi, September 10, 2022 (PPI-OT):The Supreme Court of India sought a response from the Indian government to a plea alleging arbitrary internet shutdowns in Arunachal Pradesh, Gujarat, Rajasthan and West Bengal, saying it wants to know whether there exists any “protocol” on the issue.
A bench comprising Chief Justice Uday Umesh Lalit and Justices S Ravindra Bhat and P S Narasimha said instead of issuing notices to the four states, which have been made parties to the petition, it would rather issue notice to the Ministry of Electronics and Information Technology (MeitY).
It was maintained in the PIL, filed by Software Law Center, that internet services have been shut down even for preventing cheating in some competitive examinations. Lawyer Vrinda Grover told the bench that petitions were filed in high courts in Calcutta and Rajasthan. “Why can’t you move the High Courts? You have already done so,” the bench said, adding the high courts can be urged to follow the top court judgment in the Anuradha Bhasin case.
In the Anuradha Bhasin Vs Union of India case, the top court had ruled that an undefined restriction of internet services is illegal and orders for internet shutdown must satisfy the tests of necessity and proportionality. “The Rajasthan government had told the High court that there will be no internet shut down,” she said, adding that after some time, they imposed the ban. The lawyer said even a parliamentary committee had said such a measure should not be taken to prevent cheating in examinations.
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