‘Arbitrary Ultra Vires”- Internet Shut Downs In Rajasthan Affecting the Public At Large, Petition Filed in Apex Court Challenging Order.
(Judicial Quest News Network)
A PIL has been filed before Apex Court terming the internet shutdown in Rajasthan whenever there is a competitive state level examination held.
The PIL has been file by Advocate Vishal Tiwari against the suspension of Internet Services in Jaipur and several other districts to conduct the Rajasthan Administrative Services (Prelims) Examination conducted by the Rajasthan by the Rajasthan Public Service Commission.
The petitioner seeks a direction to the State and other respondents not to obstruct the Judicial Services, Virtual Court Hearings/E-filings of cases by suspending the internet services in the future.
The order has been passed stating that internet will be shut down from 9 am to 1 pm to minimise the chances of cheating/copying in the scheduled examination. The internet was suspended from 8 am and was suspended till 1:20 pm in various districts such as Bharatpur, Dholpur, Karauli and Sawai Madhopur districts. The imposition of internet shut down to prevent cheating and malpractise during the examination shows the incompetence of the Rajasthan State Government and Rajasthan Public Service Commission.
It is further submitted that this arbitrary practise of internet shutdown has been a definite practise of the Respondent 2 whenever there is a competitive state level examination is taking place. While conducting the Rajasthan Eligibility Exam for Teachers (REET 2021), internet shutdowns were imposed in the districts of Ajmer, Jhunjhunu, Kota, Bundi, Baran, Jhalawar from 6 am to 6 pm on 26.09.2021.
Such imposition of internet shut down is manifestly against the Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules), 2017 and such order imposing shut down goes against the dictum laid down by the Hon’ble Supreme Court of India in Anuradha Bhasin v. Union of India.
The imposition of internet shutdown through such arbitrary fashion pertaining to a trivial apprehension has deprived the citizens of their right to freedom of speech and expression under Article 19 (1) (a) and right to practise their profession and to carry on their occupation, business and trade as guaranteed under Article 19 (1) (g) of the Constitution of India.
Such arbitrary shutdown of internet services does not only violate the constitutional provisions of Article 19 and such also imposes a barrier on the access to justice which is a due fundamental right under Article 21 of the Constitution of India. Under the light of COVID-19, courts are being
accessed through video conference facilities and therefore putting up an arbitrary internet shutdown during the crucial court working hours on a Wednesday morning (27.10.2021) has affected many citizens of its rights. Such action has led to severe violation of fundamental.
The actions of the State also have been extremely humiliating for the female candidates, various news and reports have shown that various examination centres particularly in Bikaner has saw the fact that male security guards are cutting the sleeves of a female candidate in the entrance of the examination centre. Such act of humiliation has also been cited as the prevention mechanism against cheating and malpractice. Such incompetence of the Respondents has been a source of humiliation for the female candidates.
It is further mentioned in the plea that Cutting the sleeves of the female candidates in itself is a dent on the dignity of female candidates and such is a serious violation of the right to dignity which is enshrined under Article 21 of the Constitution of India. The perpetrated actions of the respondents had no justification as to why male candidates were deployed to cut sleeves of women candidates.
The National Commission for Women has condemned this shameful action and have written to the Chief Secretary seeking strict action yet there has been no justification and action pertaining to this humiliating and shameful incident taken by the Respondents.
The petitioner seeks directions to the State of Rajasthan and All other Respondents not to Obstruct the Judicial Services, Virtual Court Hearings/ E- Filings of cases by Suspending the Internet services in future;
ii. Issue directions to the All Respondents immediately enforce and initiate guidelines and directions to comply with the dictum laid down by the Hon’ble Supreme Court in the case of Anuradha Bhasin vs Union of India [AIR 2020 SC 1308]
iii. Issue Appropriate directions to the All Respondents for not Adopting the undignified methods towards the female candidates and other candidates during conducting any examination in their respective States;
iv. Direct the State of Rajasthan to Compensate the female candidates and other candidates whose cloths/Other property was damaged by the Security/Police by Cutting the Side cloths or by any other method during the exam of R.A.S pre 2021 and other previous exams conducted by the State, in order to Secure the Right to live with Dignity and Stop Harassment in the name of preventing Cheating in examinations;
