Farmers' Protest- Punjab & Haryana High Court Issues Notice To Centre, Haryana Govt. On Plea Challenging Suspension Of Internet

The Plea has been moved by Sandeep Singh and others through Advocate R. S. Bains contending that Petitioner's life and practice has been affected by the sudden suspension of Internet services.

The Petitioners have assailed the "arbitrary act of the state of Haryana and Union of India", on imposing suspension and shutdown of mobile Internet services across the 17 District of Haryana, without any prior notice.

The plea alleged that the act of the respondent is against the Fundamental rights safeguarded by Article 19 and 21 of the Constitution of India.

Importantly, the plea states,

"Internet services now stands as part of fundamental rights because to exercise almost every freedom from expression to practice any profession Internet has become a lifeline. Almost every business establishment depends on Internet for transaction of business and therefore the sudden shutdown of Internet plays with the life of the vast number of people which include practically the whole population of Haryana."

Further, the plea also states,

"It is an act of maliciousness inflicted on the people of Haryana merely because it is perceived by the government that they will exercise the right to protest and expression in large numbers due to oppressive opposition by the security agencies on the peaceful agitating farmers of Punjab, Haryana, Rajasthan, Uttar Pradesh and practically from all other states of India. "

The Plea further states that Internet shutdown restricts the freedom of an individual to seek, receive and impart ideas and information of all kinds and Internet shutdown and suspension of communication services restricts an individual's right to voice its opinion and receive information, without access to information freedom of speech and expression is meaningless.

Significantly, the plea submits that the acts of suspending and shutting down internet services is wholly arbitrary in nature, unreasonable, unjust and is in violation of freedom of speech and expression guaranteed by the constitution of India..

The Petitioners, advocate by profession, have averred that the entire work of the High Court is conducted through video conferencing, the petitioners are facing huge problem. The petitioners are unable check the cause list, case status and not able to appear in the cases to argue.

Importantly, the Plea has alleged that the Haryana Government's decision to suspend internet is totally in violation of the judgment passed by the Hon'ble Supreme Court in the matter of Anuradha Bhasin and Union of India and others (2020) AIR (SC) 1308 vide which it has been declared by the Hon 'ble Supreme Court that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional under Article 19(1) (a) and Article 19( 1 )(g).

Lastly, the plea avers that the notification passed by the respondent suspending the internet services is totally wrong the illegal.

Prayers of the plea

• Direction in the nature of Mandamus declaring the immediate restoration of internet services which had been suspended by the respondent and declare that such sudden suspension of Internet services without any notice is illegal, unconstitutional;
• Further, direct and clear that without the prior notice of seven days, no Internet services shall be suspended since the whole population is dependent on it, the way public is dependent on air and water and roads and other infrastructure is.

Court's Order

While hearing the plea, the Punjab and Haryana High Court (Bench of Justice Fatehdeep Singh) on Friday (05^th February) issued notice to the Centre and the Haryana government. The matter has now been posted for further hearing on Monday (08th February 2021).

Case Title - Sandeep Singh And Others V/S Union Of India And Others [CWP-2672-2021]

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