INTERNET SHUTDOWN IN J&K ; 3 JUDGE BENCH OF SC

The SC on October 19 said that the plea challenging internet shutdown will be heard by a 3 Judge bench of High Court. The plea was filed by Foundation for Media Professionals before CJI UU Lalit and J Bela M Trivedi. The petitioners were requested for the listing of the matter citing Non-compliance of the directions held in Anuradha Bhasin v. Union of India by the SC. Besides this Several Petitions have been filed against Internet Shut Down in various states.

In this Article , we are discussing Internet shut down , the Directions laid Down by SC in Anuradha Bhasin Case, right to Internet Access under Indian Constitution along with some important case laws related to Internet Shut Down.

KNOW ABOUT INTERNET SHUT DOWN IN INDIA

Internet shut down means complete block at Internet Connectivity or accessibility of internet Service. In India this is a new unusual issue, it is a most controversial issue in India. Internet Shutdowns are measures taken by the Government or Authorities on behalf of Govt. for a rage of reasons. Generally Internet Shutdowns are imposed as a measure to meet violent situations, unrests in any locality because the internet makes it easier to propagate fake news and propaganda .

In India the Internet Shut Downs are tracked By SFLC.in.¹ According to the SFCL data, India has faced Internet Shut Down more than 682 times and 2028 has more shut down reported followed by 2020. Jammu and Kashmir has faced most Shutdowns and other Indian States Like Rajasthan, Assam , Manipur faced similar shut downs.

JAMMU KASHMIR AND INTERNET SHUT DOWN

The Internet and related connections are shut down by the Union Government followed by giving special Status to erstwhile states of J And K under Article 370 of Constitution of India on August 05, 2019. Later the service was restored only after 18 Months. J&K faced the most number of Interne shutdowns.

DIRECTION UNDER ANURADHA BHASIN CASE²

The facts in this case, the writ petition filed by the journalists against the Internet Shut Down in J&K on 5^th August 2019.
Anuradha Bhasin was the executive editor of Kashmir Times Srinagar Edition. Subsequent petition was filed by MP Mr. Gulam Nabi Azad.³
Anuradha Bhasin claimed that due to the restriction the movement of Journalists was severely restricted and on 05.08.2019 Kashmir Times Srinagar Edition could not be distributed. Writ petition filed aggrieved by the restriction.
Mr.Ghulam Nabi Azad alleges that he was stopped from travelling to his constituency in J&K and meets the people of his Constituency due to restriction.
In this case the SC held that Internet shutdowns can be resorted to only as a drastic measure to be adopted in the exceptional circumstances.

“The Internet is also very important too; for trade and commerce. The Globalization of the Indian economy and the rapid advances in Information and Technology have opened up very vast business avenues and transformed India as a global IT hub”, the SC also opined that there are certain trades in India which can only run through the Internet. “Therefore, the freedom of trade and commerce through the medium of the Internet is also constitutionally protected under Art.19 (1) (g), subject to the restrictions provided under Art.19 (6).”
-Supreme Court said in Anuradha Bhasin Case.
source: indiankanoon.org

DIRECTIONS

a. The competent authorities are directed to publish all orders under section 144 Cr.PC and for suspension of telecom services including Internet, enabling the affected person to challenge it before HC or appropriate Forum.

b. Article 19 (1) (a) and Article 19 (1) (g) includes constitutional protection of Freedom of Speech and Expression and the freedom to practice any trade, business or occupation over the medium of Internet also.

c. Any order suspending Internet services shall be under the Suspension Rules of 2017,

d. It must adhere to the principle of proportionality and must not extend beyond necessary duration.

e. It is subject to Judicial Review.

f. A Review Committee shall Constitute as per rule 2(5) of Suspension rules,2017and this committee conduct a periodic review within 7 working days of the previous review under Rule 2 (6) of the same

g. The Appropriate Authorities should review all the Orders Suspending Internet Services forthwith

h. The power under Section 144 of Cr.P.C cannot be used to suppress legitimate expression of opinion or grievance or exercise of any democratic rights.

IS INTERNET ACCESS A CONSTITUTIONAL RIGHT?

Article 19 (1) (a) and Article 19 (1) (g) under Indian Constitution guarantees Citizen the Right to Freedom of Speech and Expression and Right to Practice any profession, occupation, trade or business over the medium of Internet.

“The freedom of trade and commerce through the medium of the Internet is also constitutionally protected under Art.19 (1) (g), subject to the restrictions provided under Art.19 (6).” Held by Supreme Court in ANURADHA BHASIN CASE.

In Faheema Shirin R.K v. State of Kerala,⁴ the Kerala High Court held the importance of Modern technology and Internet in day to day life. In this case it is made clear that imposing restrictions on the internet and Modern technology in hostels is unreasonable.

Supreme Court in various Judgements including Indian Express v. Union Of India;⁵ Odyssey Communications Pvt.Ltd. v. Lokvidayan Sangatana⁶, held that Freedom of Print medium is covered under Freedom of Speech an Expression and Exhibit Filmi’s through medias is a fundamental Right. The use of Internet is widely used in speech and expression. Now-a-days Internet is an Integral part of every citizen. Children used to study with the help of Internet. People communicate with each other with the help of Internet. so any restriction on Internet must in accordance with Article 19 (2) of Indian Constitution.

Hence, the Constitutional Bench of S.C in it’s earlier Judgements in Chintaman Rao v. State of Madya Pradesh⁷, interpreted the limitation on personal liberty and balancing thereof. the court in this case held that imposing limitation or restriction in person in enjoyment of the right could not be arbitrary and excessive in nature. therefore in India right to Internet is a Constitutional Right

Reference