Plea Challenging Rajasthan Gov's 'Arbitrary And Indiscriminate' Practice Of Issuing Internet Suspension Orders: High Court Issues Notice

The Rajasthan High Court on Friday issued notice on a Public Interest Litigation (PIL) petition challenging the Rajasthan government's arbitrary and indiscriminate practice of issuing internet suspension orders on various pretexts.

A Division Bench comprising Justices M. M. Shrivastava and Farzand Ali observed that the matter was of serious concern and accordingly issued notice to the State government. The matter is slated to be heard next on November 23.

The petition moved by activist Sanjay Garg stipulates that 'constant, reckless, arbitrary, disproportionate and unconstitutional internet shutdowns' are being imposed throughout the State time and again which seriously impinge upon the civil liberties of individuals as well as irreparably harm the economy which has already been in a precarious position since the COVID-19 pandemic.

"Internet shutdown orders passed by Respondent no. 5 and other Divisional Commissioners throughout the territory of the State of Rajasthan are thus illegal, arbitrary, disproportionate and unconstitutional and should not have been made in the first place", the plea contended.

Highlighting a recent instance, the petitioner pointed vide order issued by the Divisional Commissioner, Police Commiserate Jaipur mobile internet services were made inaccessible in Jaipur on October 23 and 24, 2021 ostensibly from 6:00 AM – 6:00 PM in light of the patwari exam or land record keeper examination scheduled on those days.

Opining that this was not the 'first time' that such an order for internet shutdown had been issued in the State, reference was made to an order issued by the Divisional Commissioner, Police Commiserate Jaipur vide which internet services were shut down on September 26, 2021 on account of the REET Exam.

The petition further unscored that as per the internet shutdown tracker maintained by the Software Freedom Law Center (SFLC), an organization dedicated to protecting freedoms of Indian citizens online, Rajasthan stands second in terms of total number of internet shutdown orders imposed across the country for a period starting from 2012 to the present date, next only to the Union Territory of Jammu and Kashmir, with 76 such orders originating in the State alone. Of these 76 internet shutdown orders, the most, 14, have been imposed in Jaipur District, it was contended further.

Placing reliance on the Supreme Court judgment in Anuradha Bhasin v Union of India and Ors it was contended that the exercise of the right to freedom of speech and expression and the exercise of right to practice any profession or carry on any trade, business or occupation over the internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g) of the Constitution of India.

"While the State may impose reasonable restrictions on the exercise of right to freedom of speech and expression by law in the interest of public order, it is submitted that disturbance of "public order" connotes an element of violence and conducting routine examinations cannot constitute "public order" grounds justifying restriction of exercise of freedom of speech through mobile internet by any measure of one's imagination", the plea averred further.

The petitioner further alleged that despite adoption of such disproportionate and draconian measures, rampant cheating rampant cheating had taken place during the REET exam. Thus there is no reasonable connection between the suspension of internet and ensuring curbing of usage of unfair memes during exams, making such suspension grossly disproportionate under law, it was stated further.

Case Title: Sanjay Garg v. Union of India