Publish All Internet Suspension Orders Within 48 Hours : Jharkhand High Court Directs State Govt

Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen held, “In that view of the matter, we are of the opinion that the suspension of internet services for the said periods by the State Government cannot be found fault with, however, the respondents should have notified the orders suspending the internet services in their web site at appropriate time as per the directions given by the Hon’ble Supreme Court in the case of Anuradha Bhasin versus Union of India reported in (2020) 3 SCC 637.”

The bench, in its disposition of the Writ Petition, also took into account the Supreme Court's decisions in the case of Anuradha Bhasin versus Union of India (2020) 3 SCC 637 and the case of Foundation for Media Professions versus Union Territory of Jammu & Kashmir & Another (2020) 5 SCC 746. The court directed the State Government to follow the guidelines set forth by the Supreme Court in these cases in the event they decide to suspend internet services in the future.

The PIL filed by the Software Freedom Law Center, India, sought a direction from the court to compel the respondents to produce and publish orders passed on 07.02.2022, 10.06.2022, and 11.06.2022, which led to the suspension of internet services in the State. Additionally, the petitioner requested the court to issue a writ of certiorari to annul the orders dated 07.02.2022, 10.06.2022, and 11.06.2022, which imposed the suspension of internet services in various regions of Jharkhand State.

The petitioner also urged the court to issue a writ of mandamus to disclose all review proceedings and orders issued by the Review Committee of the State, if any, related to the aforementioned orders.

Furthermore, the petitioner emphasized the need for strict compliance with the guidelines framed by the Hon’ble Supreme Court in the case of Anuradha Bhasin (Supra).

The Counsel went on to explain that the urgent circumstances compelled them to temporarily suspend internet services in the following districts: Hazaribagh, Giridih, Chatra, Koderma, and Ramgarh. This suspension took effect from 23:00 Hrs. on February 6, 2022, and would remain in place until further notice, as per the order detailed in letter No.013 dated February 6, 2022, issued by the Home Secretary of the Government of Jharkhand.

The Counsel emphasized that the primary objective was to prevent the misuse of the internet for spreading rumors and false information, which had the potential to disrupt law and order. This action was taken under the authority granted by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, in conjunction with sub-rule (2A) of the Temporary Suspension of Telecom Services (Amendment) Rules, 2020.

It was the case of the respondents that internet services remained suspended only for short period for two days and order was revoked on 08.02.2022 vide letter No.014 dated 08.02.2022 issued by the Home Secretary. Similarly, internet services were suspended for few hours on two other occasions.

Senior Counsel Mr. Jai Prakash, representing the State, further clarified that these decisions were made solely due to the urgent need to prevent potential loss of life and property that could have occurred as a result of disturbances in public order and law and order in these specific districts.

Counsels Prasanth Sugathan and Arjun Adrian D’Souza from SFLC.in assisted in the filing of the petition. Shailesh Poddar from SFLC’s Digital Defenders Network appeared for the petitioners.

Counsel For the Petitioner : Mr. Shailesh Poddar, Advocate

Counsel For The Respondent/S: Mr. Jay Prakash, AAG IA Mr. Yogesh Modi, AC to AAG IA Ms. Omiya Anusha, AC to AAG IA

LL Citation: 2023 LiveLaw (Jha) 48

Case Title: Software Freedom Law Center, India vs The State of Jharkhand

Case No.: W.P.(PIL) No. 3947 of 2022

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