NEW DELHI: The Supreme Court on Wednesday agreed to consider after Holi vacations a plea questioning three-day internet shutdown imposed in Rajasthan in order to prevent cheating in competitive exams affecting even the judicial works.
Advocate Vishal Tiwari mentioned the matter before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha seeking compliance of the Anuradha Bhasin case guidelines laid down by the top court with regard to similar measure undertaken in Jammu and Kashmir.
"The internet was shut down in Rajasthan for three days. It has been happening in other States as well. We want to ensure compliance of the guidelines," he said, seeking listing of the matter on Friday, March 3.
The court, however, said since the shutdown had already happened, it would take up the matter on reopening after Holi break in next week.
The PIL filed by advocate Chhaya Rani made the Union government and all States as parties.
It sought to prevent such apprehension based arbitrary, ultra vires internet shutdowns affecting the public at large and obstructing judicial work and leading to severe violation of fundamental rights of the citizens.
In view of Rajasthan Entrance Examination Test 2023 (REET), the orders were issued for complete internet shutdown last month.
"The usage of internet has increased multi fold in our country wherein through this medium of communication, a lot of professional is earning its day to day amenities. Under the light of COVID-19, a lot of individuals including professionals and freelancers are working through the internet. The judiciary of our country is also working in the hybrid manner and mostly through the video conferencing," it said.
"Online filings, submissions of documents are done virtually. The access to justice for relief seeker is also dented by the actions of the concerned authorities. Therefore through this internet shutdown, the right to practise profession and the access to justice encompassed under Article 19(1) (g) and Article 21 of the Constitution is seriously infringed," it added.
In case of Rajasthan, the Divisional Commissioner passed the orders under Rule 2(1) of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules), 2017 citing the reasons of apprehensions of cheating and malpractice during the examination.
"The order is prima facie void in nature due to the very fact that as per Rule 2(1) of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules), 2017, the directions or the order to suspend the telecom services and the internet shut down should be made by the Secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India and for the State Government such order can be passed through by the Secretary to the State Government in-charge of the Home Department and whenever the situation of unavoidability or emergency arises, such order can be issued by the officer not below the rank of the Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or the State Home Secretary as the case may be," it said, citing the Anuradha Bhasin judgement (2020).
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