The Supreme Court has agreed to hear a petition that challenges the shutdown of internet services during the exam session in Rajasthan from February 25-28.
The plea was mentioned by Advocate Vishal Tiwari,before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justice Krishna Murari and Justice PS Narasimha saying that judicial work was also hampered as a result of the shutdown.
The Bench has agreed to list the case after the apex court’s upcoming Holi break.
The Supreme Court sought the Central government’s response in a a plea challenging internet shutdowns to prevent cheating in exams.
The Court has instructed the government to explain whether a standard protocol exists to address the issue.
The order has issued notice only to the Union of India to tell whether there are standard protocol with respect to grievance raised. We would like to see what is the protocol when it is about exams etc or bank exams or public exams,”
The plea mentions how the internet shutdown by various states were arbitrary and unlawful, and caused massive economic losses.
The plea said that there have been no review committees to check the legality of orders suspending internet services.
The petitioner also said how internet has become an integral part of life and is a part of the right to information as well as right to health.
The restriction on such a right by the imposing internet shutdowns affects the ability of citizens to access information related to COVID-19 and affects the ability of health personnel to disseminate the information.
The Supreme Court in Anuradha Bhasin v. Union of India, had said that the internet shutdowns can be used as a drastic measure, to be adopted in exceptional circumstances.
That verdict was given in a plea challenging the internet shutdown in Jammu & Kashmir after the abrogation of Article 370 of the Constitution.
In that judgment had laid down various procedural safeguards to be followed by the government before resorting to internet shutdowns.
However, following this judgment, numerous petitions have been filed against internet shutdowns in various states.