No Further extension of the internet shutdown in Hooghly; State assures HC; Court asks to justify the shutdown in First place.
(Judicial Quest News Network)
The Calcutta High Court on Saturday directed the West Bengal Government to file two separate Affidavits explaining the jurisdiction of the District Magistrate to pass order for internet shut down in Hooghly district.
The shutdown is scheduled to end today, i.e. May 17, and orders of imposing the same would be revoked since the situation is under control, the State has informed.
The bench had convened a special sitting Yesterday at 11:00 am to hear a plea filed by Software Freedom Law Centre of India (SFLC.in) and another plea filed by Advocate Priyanka Tibrewal. Seeking “relief against the arbitrary and illegal suspension of internet services in Chandanagar and Seraempur sub divisions in the Hooghly District of West Bengal owing to communal riots in the area.”
The petitioners challenged the suspension order on various grounds i.e. lack of jurisdiction for the DM to issue the order and there being no justification for issuing such order. The petitioners (Advocate Priyanka Tibrewal) further argued that the suspension order was disproportionate as per the principles for proportionality explained by the SC in the case Anuradha Bhasin vs Union of India as well as Foundation of Media Professional vs Union of India.
SFLC, represented by Advocate Prashant Sughatan, argued that the District Magistrate had no powers to issue internet suspension of Telecom Services (Public Emergency or Public Safety) Rules 2017 and the Telegraph Act.
“In this instance of internet shutdown, there is a gross violation of Fundamental rights to equality, right to freedom of speech and expression, right to privacy, right to freedom of trade, right to life, right to food and right to education, guaranteed Under Article 14,19, and 21 of the Constitution of India while imposing telecom service and internet shutdowns.
The Learned Advocate General Kishore Dutta has also submitted that he has written instruction that the order of suspension of internet service, which is operational till May 17,2020, will not be required to be extended further in view of the improved Law and order situation in the area in question.
When queried over whether such a review committee was formed before the internet shut down was imposed, the State appraised the court that it is revoking the shutdown on May 17 since the situation has now been brought under control.
Advocate Priyanka Tibrewal has also sought an independent investigation into the communal disharmony and mob violence that took place on May 12. She has also submitted that no relief been given to the victims of the violence and that FIR were yet to be registered over the violence.
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.
