More Than 100 Lawyers Writes To CJI Against Suspension Of Internet Services In Parts Of Delhi-NCR’, During Farmers Protest

(Judicial Quest News Network)

The recent suspension of the internet services in parts of Delhi-NCR, during the farmers protest a group of 140 lawyers have written a letter to the Chief Justice of India.

On 26th January, thousands of farmers had taken out a tractor march protesting the controversial agricultural reforms and stormed into Historic Red-Fort breaching barricades and clashing with police.

the Farmers protesting against the Three Farm Laws for over2 months. Aggravating the issue further, many mainstream media channels are determined to change their names from “Farmers” or “Ann-daatas” to “Terrorists” or “Khalistanis”2. The Farmers protest simmering since the past sixty-four days at the three protest venues have easily become the nation’s biggest protest with Singhu Border being its focal point alongside Tikri and Ghazipur Border.

On 26th January, 2021, the whole country was shaken as they witnessed the clash between the farmer protestors and the Delhi police. Who knew this would entail into opening the flood gate of disproportionate action against the farmers! On 29th January for the first time, the protest venue faced the brunt of violence from the local hoodlums who turned the site into a soft spot for violence and there followed a series of unfortunate events. Around 200 men claiming to be local residents barged into the protest site at Singhu Border to vacate the area as has been reported by Hindustan Times and several other online and print media.

They pelted stones, damaged properties, and attacked the protestors (men, women, elderly- no bar) despite the presence of heavy security of the police.4 The outcome was the arrest of 44 people5, and various criminal cases including an attempt to murder being registered in Alipur police station. The outcome was also an Internet shutdown- much to our dismay

The Union Government submitted that it is necessary to suspend internet services “in the interest of the maintaining public safety and averting public emergency”.

In the letter petition the Lawyers alleged that the violence was perpetrated by local hoodlums. It is alleged that about 200 men claiming to be local residents’ barges into the protest site at Singhu boarder to vacate the area and pelted stones, damaged properties, and attacked the protestors despite the presence of police and heavy security.

The Lawyers have urged the Supreme Court to take to take suo moto cognizance of the issue and restrain the Central Government from imposing further internet shutdowns at the protest sites and adjoining areas.

In

the letter reliance is placed upon Anuradha Bhasin v. Union of India (2020) 3 SCC 637 and Foundation for Media Professionals v. Union Territory of Jammu and Kashmir and Another (2020) 5 SCC 746.

access to the Internet is a fundamental right under Article 19 of the Constitution, subject to some restrictions and said freedom of the press is a valuable and sacred right’. It said, ‘magistrates while passing prohibitory orders, should apply their mind and follow the doctrine of proportionality.

The Apex Court had cautioned the magistrates, while passing prohibitory orders, should apply their mind and follow the doctrine of proportionality.

The letter drafted by Advocates Sitwat Nabi and Abhisht Hela.

The lawyers have also submitted that the government has turned the protest sites especially the Delhi-Ghazipur border into a fortress where it seems like they are waging war against their own men. Embedding more than 2000 iron nails, multi-layer metal barricades, cement walls, and heavily armed security officials- these cannot be considered as law and-order situations. This should be rather termed as fortification!11 These activities are depriving the protesting farmers of their basic human rights and are in gross violation of the Right to Life enshrined under Article 21 of the Constitution. This is also setting a very wrong portrayal of India and putting our nation in a very bad light before the world.

The letter further states that

“Embedding more than 2000 iron nails, multi-layer metal barricades, cement walls, and heavily armed security officials- these cannot be considered as lawand-order situations. This should be rather termed as fortification!11 These activities are depriving the protesting farmers of their basic human rights and are in gross violation of the Right to Life enshrined under Article 21 of the Constitution. This is also setting a very wrong portrayal of India and putting our nation in a very bad light before the world;

The lawyers have also urged the Apex Court to set-up a Commission of Enquiry to probe into

– police inaction in controlling the violence and the role of the Delhi Police in allegedly facilitating the mob attack on 29 January, 2021 and failing to ensure peace and security.

– Action against the 200 local hoodlums who, as reports state, had engaged in the manhandling of protestors, and journalists at the Singhu Protest venue.

– Strict action against the journalists and the news channels who are spreading provocative content and fake rumors about the farmers and their protest.

This must be done immediately in order to stop the gross injustice which is tarnishing the fabric of our Constitution and causing colossal damage to the sheen of a democratic country. History will not pardon us if we remain mute spectators to this violation of human rights