Manipur HC to hear Internet ban today; SC declines to intervene

Subject :Polity

Section: Constitution

Concept :

The Supreme Court on July 6 refrained from intervening in a petition challenging the “mechanical and repeated shutdown” of internet services in Manipur, noting that a Division Bench of the Manipur High Court is already hearing the issue and has constituted an expert committee on June 27 to examine the possibility of providing limited internet to the public.

Internet Shutdown

Section 144 of the Code of Criminal Procedure used to shut down the Internet.
The Code of Criminal Procedure used to shut down the Internet empowers the government of the state to take steps, including the imposition of such limitations, to preserve public tranquilly.
Temporary suspension of Telecom Services (Public Emergency or Public Safety) Law, 2017 Rule 2(1) provides the ‘competent authority’ with the process and powers to issue a direction for Internet suspension.
The ‘competent authority’ can be Home Secretary of the Union or the government of the state.
Where it is not possible to obtain prior instructions from the competent authority, that order may be issued by an officer not below the rank of Joint Secretary to the Government of India.

SC Judgment – Anuradha Bhasin vs Union of India and Ors

The Indian constitution renders every citizen ‘s right to freedom of speech and expression a fundamental right. It was listed in point (a) of Article 19(1) of the Constitution.
A non-citizen can benefit from the same advantages, but may not assert it as his or her fundamental right.
The Court declared that, pursuant to Article 19(1)(a) and Article 19(1)(g) of the Constitution, the freedom of speech and expression and the freedom to practice any career or to participate in any trade, company or occupation on the internet enjoy constitutional security.
The restriction of such fundamental rights should be compatible with the mandate laid down in Article 19(2) and (6) of the Constitution, including
Suspension of internet for indefinite period not permissible. It can only be for a reasonable duration and periodic review should be done.
The court also said the orders suspending the Internet would have to necessarily state how the action was justified and proportionate to the imminent threat to law and order.
Going forward any net ban will be subject to the scrutiny. The observations made by the court essentially laid out guidelines that Internet shutdowns cannot be arbitrary and can be challenged in courts.