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