The Supreme Court on Friday sought a response from the Centre on a plea alleging arbitrary internet shutdowns in several states across the country, asking if there existed any “protocol” on the issue. The petitioners cited the recent internet bans in Arunachal Pradesh, Gujarat, Rajasthan and West Bengal, for preventing cheating in some competitive examinations.
A bench comprising Chief Justice Uday Umesh Lalit and Justices S Ravindra Bhat and P S Narasimha said that instead of issuing notices to the four states, which have been made parties to the petition, it would rather issue notice to the ministry of electronics and information technology. “We issue a notice only to the Centre (MeitY), the Union to indicate whether there are standard protocols with respect to grievances raised,” said the bench.
It was alleged in the PIL, filed by Software Law Center, that these decisions were “against any sense of proportionality” as it hinders basic amenities.
“They say it is to prevent cheating. But even access to basic facilities and welfare measures from retail shopping to NREGA wages are linked online,” Lawyer Vrinda Grover, appearing for the petitioners, said.
“Today, when we are doing everything digitally,” she said, adding that the government can use other means to prevent cheating like jammers or even frisking.
{{/usCountry}}“Today, when we are doing everything digitally,” she said, adding that the government can use other means to prevent cheating like jammers or even frisking.
{{/usCountry}}The advocate told the bench that petitions were filed in high courts in Calcutta and Rajasthan.
“Why can't you move the High Courts? You have already done so,” the top court bench said, adding the high courts can be urged to follow the apex court judgment in the Anuradha Bhasin case where the Supreme Court had ruled that an undefined restriction of internet services is illegal and orders for an internet shutdown must satisfy the tests of necessity and proportionality.
The lawyer said, "The Rajasthan government had told the high court that there will be no internet shutdown.” They still imposed the ban a while later, she said.
The lawyer added that even a parliamentary committee had said such a measure should not be taken to prevent cheating in examinations.
(With PTI inputs)