Calcutta High Court had a Special hearing to hear challenge to internet shutdown in Hooghly following a communal violence. [Read Petitions]
(Judicial Quest News Network)
The Calcutta High Court had a special hearing on Saturday. May 16 to hear a challenge to the orders of the authorities to snap internet services on May 12 in Hooghly following a communal violence in the area.
The Two petitions had been moved in this regard, one by the Software Freedom Law Centre India (SFLC.IN) and another by an Advocate, Priyanka Tibrewal.
The petition filed by SFLC seeks a relief against the arbitrary and illegal suspension of internet services in Chandanagar and Serampore sub-divisions in the Hooghly District of West Bengal owing to the communal violence in the area. The petition is filed under Article 226/227 of the Constitution of India.
The petitions were moved on May 14, the Bench of Chief Justice Thottathil.B. Radhakrishnan. and Justice Radhakrishnan and Justice Arijit Banerjee took up the matter for hearing on video conferencing.
SLFC.in has contended that the “ In Anuradha Bhasin judgement that “freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution” it is submitted that the internet shutdown imposed by the respondents stands in violation of the right to freedom of speech and expression, without failing into the reasonable restrictions given under Article 19 (2).
Advocate Priyanka Tibrewal contended in her petition that “Whetere the shutting down of the internet facility in such areas of the district,particularly at a time when the nation is working and studying from home through internet in the guise of reasonable restrictions until May 17,2020 is not tenable in law?
Tibrewal while arguing the matter through video conferencing has cited the recently delivered Judgement by Supreme Court of India Foundation of Media Professional V/S Union of India “a sensitive issue on national security and human rights, wherein we have to ensure that national security and human rights can be reasonably and defensibly balanced, a responsibility, that this Court takes with utmost seriousness.
She has further submitted that “Broadly, the argument of the Petitioners is premised on the ground that in the existing COVID19 situation, when there is a national lockdown, the restrictions imposed on the residents of the entire Union Territory of Jammu and Kashmir impacts their right to health, right to education, right to business and right to freedom of speech and expression”
She submitted that the internet shutdown was implemented without any advance notice to the citizens. The court had enquired about the invoking of section 144, CrPc by the District Magistrate and ordered to file an affidavit for the same on the next date of hearing which is 22-05-2020.The district authorities had assured the court that the ban will be revoked by tomorrow i.e. Sunday 17-05-2020.
[Read Petition of SLFC.in]
[Read Petition of Priyanka Tibrewal.
