The West Bengal Government today assured the Calcutta High Court that Internet Shutdown in Hooghly district will not be extended further.

The bench today had convened a special sitting today at 11 am to hear a plea filed by Software Freedom Law Center India (SFLC.in) seeking “relief against the arbitrary and illegal suspension of Internet services in Chandannagar and Sereampore sub divisions in the Hoogly District of West Bengal owing to communal riots in the area.”

Advocate General appearing for the State Government submitted that all procedural safeguards prescribed under Telecom Suspension Rules were followed in ordering the shutdown and the  District Magistrate is a competent authority to declare the shutdown as he is of the rank of Additional Secretary.

The Counsel appearing for the petitioner submitted that  the Internet is a lifeline in a pandemic situation enabling people to work, access health care, a medium for students to access educational resources and a medium to access justice  .

It was further submitted  by the petitioner that  shutting down the Internet itself  violates the principles of proportionality as laid down by the Supreme Court  in Anuradha Bhasin vs Union of India. Moreover  the shutdown order was not published and no ‘unavoidable’ reason was mentioned in the order necessitating a shutdown.

The petitioner argued that Under the Telecom Suspension Rules 2017, a state shutdown can only be ordered by a Secretary, Home Department of the State and in unavoidable circumstances by a person not below the rank of a joint secretary to the Government of India which has to be ratified by the competent authority within 24 hours.

On being questioned by the Advocate General on the locus of the petitioner in filing the case, Prasanth Sugathan, Legal Director of  SFLC.in and appearing on behalf of the Society submitted that  “SFLC.in has been actively engaged in tracking shutdowns in the country and has been contacted by aggrieved citizens.”

The division bench comprising  Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee has directed the state government to file its reply and the matter has been listed for next hearing on May 22.

-India Legal Bureau

The High Court of Calcutta shall convene a special sitting tomorrow at 11 AM to hear a plea seeking relief against the suspension of internet services in the Hooghly District. On 12th May 2020, without any advance notice, Internet services were cut off in some parts of Hooghly district in West Bengal, following communal riots.

The division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee while hearing the matter today via video conferencing has sought a reply from the State Government on the issues raised by the petitioner.

The petition has been filed by Software Freedom Law Center India (SFLC.in) seeking “relief against the arbitrary and illegal suspension of Internet services in Chandannagar and Sereampore sub divisions in the Hooghly District of West Bengal owing to communal riots in the area.”

The petitioner organization has contended that the suspension has been ordered under Section 144 of the Criminal Procedure Code, 1973 which is against the law laid down by the Apex Court in Anuradha Bhasin Vs Union of India where it was held “that power under Section 144 of CrPC is remedial as well as preventive and can be exercised when there is both a present danger and apprehension of danger.”

It has been pointed out that the suspension of Internet services under Section 144 of CrPC when there is a specific law i.e. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 is “a misuse of the provision and is illegal”

Moreover according to the petitioner the suspension of Internet services at a time when the entire country is fighting against COVID 19 is in violation of the Fundamental Rights guaranteed under Article 14, 19 and 21 of the Indian Constitution, when the citizens require internet services to seek information on infection counts, social distancing measures imposed in their area, medical advice and the guidelines which are to be followed.

The petitioner has also pointed out that imposing an internet shutdown has also made it impossible for students to access information and lessons being provided through the medium of Internet which is in violation of the Right to Education guaranteed under Article 21-A of the Constitution.

‘SFLC.in’ has been running an Internet shutdown Tracker since 2012 where it has been recording instances of Internet shutdowns across the country. Till date, the State of West Bengal has had a total of 12 shutdowns since 2017, 3 of which have been in 2020 itself.

-India Legal Bureau