Supreme Court Refuses To Entertain Plea Against Internet Shutdown In Manipur, Allows Petitioners To Approach High Court

The Supreme Court on Thursday, refused to entertain a petition challenging the ongoing internet ban imposed in Manipur since May 3, 2023 in response to reported incidents of violence in the State. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra remarked that the High Court of Manipur was already seized of the matter and thus, the Supreme Court could not entertain the petition. 

The petition was filed by two residents of the State of Manipur, Chongtham Victor Singh, a lawyer in the Manipur High Court, and Mayengbam James, a businessman. Advocate Shadan Farasat, appearing for the petitioners, commenced his submissions by stating–

"This is the matter concerning the internet ban which is going on since 40 days."

The bench was quick to point out that a matter concerning internet shutdowns in the State was already pending in the High Court of Manipur. CJI DY Chandrachud said–

"The Division Bench is seized of the matter. Why don't you move the High Court? Because the moment we issue notice, High Court will stop looking into the matter."

However, Farasat highlighted that the High Court had not, so far, looked into the principle of proportionality in the matter. CJI DY Chandrachud, passing the order, said–

"A Division Bench of the High Court of Manipur is already seized of the matter in which an expert committee was formed and directed to examine whether internet could be restored in the State. Mr Shadan Farasat states that the principle of proportionality also merits consideration in the matter. Faced with the fact that an Article 226 petition is also pending, Mr Shadan Farasat seeks permission to withdraw this matter and intervene in the pending matter or file an independent petition before High Court. Permission granted."

On June 20, 2023, the Manipur High Court had directed the State authorities to provide limited internet service to the public in some designated places under the control of the State authorities. The bench had noted that internet was necessary for the public to carry out urgent and essential services, especially in regards to the ongoing admission process of students. It had also asked private telecom service providers to file affidavits explaining the feasibility of providing limited internet services to the public by blocking social media websites in order to safeguard the state government's concern for maintaining law and order.

Following Manipur High Court's direction for limited internet service to public for urgent and essential services, the State government had then constituted a 12-member expert committee to assess the feasibility of blocking VPN servers as a means to safely restore internet connectivity while maintaining restrictions on social media platforms. The High Court had instructed the committee to convene a meeting at the earliest and present its findings by the next hearing scheduled for July 6, that is, today.

In the petition before the Supreme Court, the petitioners had stated that the shutdown has had a significant economic, humanitarian, social, and psychological impact on both the Petitioners and their families. Further, they said that they had been unable to send their children to school, access funds from banks, receive payments from clients, distribute salaries, or communicate via email or WhatsApp. The petitioners argued that the shut down was disproportionate interference with their constitutional rights to freedom of speech and expression under Article 19(1)(a) and the right to carry on any trade or business under Article 19(1)(g).

“Continued suspension of the Internet for the purpose of preventing rumour-mongering and the spread of misinformation does not pass the threshold prescribed by the Telecom Suspension Rules 2017,” the petition claimed.

Internet ban has been continuing in the State since May 3 due to violence in relation to a High Court direction to consider granting Scheduled Tribe status to Meitei community. Several orders extending the shutdown have been issued by the State government.

Case Title: Chongtham Victor Singh & Anr. v. State of Manipur W.P.(C) No. 623/2023

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