Jharkhand High Court Restrains Govt From Suspending Internet On Ground Of Conducting Exams, Says Shutdown Violates Fundamental Rights

In a special hearing held on Sunday (Sep. 22), the Jharkhand High Court temporarily restrained the government from suspending internet services in the State on the grounds of conducting any examination. The court said that no internet services would be disrupted without the court's permission.

“It is made clear that till pendency of this writ petition, without the leave of this Court, no internet facility, in whatever form, will be suspended henceforth within the State of Jharkhand on the ground of conducting any examination.”, the Court ordered.

A division bench of Justices Ananda Sen and Anubha Rawat Choudhary was in seisin a plea challenging partial disablement of mobile internet between 21st to 22nd September. Later, the shutdown was extended to entire internet facility, including broadband connectivity.

The court heard a Public Interest Litigation (PIL) where the petitioners raised concerns over the notification issued by the State Government where instead of partial disablement of the internet services, the State had suspended the entire internet facility.

The aforesaid order of the Court passed in light of the breach of the notification issued by the Government on 20.09.2024 where only the mobile data, mobile internet and mobile wi-fi, had been directed to be suspended from 08.00 AM to 01.30 PM on 21st September, 2024 and 22nd September. However, the State authorities in supersession/modification of the earlier notification, has now suspended the entire internet facility, which includes broadband connectivity based on fixed telecom lines, FTTH and leased lines also for the entire State of Jharkhand.

On the assurance of the State's Counsel, the Court on Sep. 21 refused to pass an interim relief to the petitioner stating that a balance of convenience between the parties was considered. The court reasoned that the interim relief was not granted in the petitioner's favor on the ground that the internet facility in totality was not disabled rather it was only a partial disablement for a very limited period and that too only for mobile internet.

However, after the Court's Sep. 21 order, the internet services were suspended entirely including broadband. The court called such an exercise by the State amounts to the judicial overreach of the court's order.

“Now after the order dated 21.09.2024 passed by this Court, the State have suspended the entire internet facilities also. This subsequent action of the State amounts to overreaching the judicial order passed by this Court on 21.09.2024, more so when the writ petition is still pending. This is a fraud played on this Court and is a deceitful action. The interim order passed by this Court reveals that the balance of convenience between the parties was taken into consideration, i.e., balance of convenience between the public at large and the concern of the State to conduct proper examination, but the balance itself has been disturbed by the fresh action of the State”, the court said.

Additional Advocate General for the State told the Court that some "intelligence input" was received at night, so the Government decided to shut down the entire facility. However, the bench said it found no material to suggest what was the intelligence to disrupt entire internet facility in the State.

"Merely putting the words and phrases, “public interest”, “adequate safety of students at large”, “ensuring fair examination” without any factual backing to arrive at the said conclusion is not sufficient to shut down the entire internet services, that too throughout the entire State, as it is now well established that shutting down of internet facility amounts to infringement of fundamental rights enshrined under Article 19 of the Constitution of India.", the court said

Case Title: Rajendra Krishna versus The State of Jharkhand 

Click here to read/download the order