The State of West Bengal today told the Calcutta High Court that there would be no further extension of the internet shutdown ordered recently in Hooghly following communal violence in the area.
The shutdown is scheduled to end tomorrow, and orders imposing the same would be revoked tomorrow since the situation is under control, the State has informed.
In this regard of internet shutdown, the order passed by the Calcutta hc reads,
“… the learned Advocate General has also submitted that he has written instruction that the order of suspension of internet service, which is operational till May 17, 2020, will not be required to be extended further in view of the improved law and order situation in the area in question.”
The Court has directed the State of West Bengal to file two affidavits before the Court by the next hearing explaining how and why the internet shut down was imposed. In this regard, the order states,
“The State shall file two separate affidavits, one pertaining to jurisdiction of the District Magistrate to pass the impugned suspension order and the other pertaining to justifiability of the suspension order.”
A special Bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee had convened to hold a special hearing on Saturday morning to hear PILs challenging the May 12 order to snap internet services in Hooghly.This includes petitions moved by the Software Freedom Law Center India (SFLC.in) and another by an Advocate, Priyanka Tibrewal.
Appearing for the State of West Bengal, the Advocate General Kishore Dutta today argued that all procedural safeguards prescribed under the Telecom Suspension Rules were followed while directing the internet shut down.
SFLC.in’s Legal Director Prasanth Sugathan had argued that internet suspension powers via Section 144, CrPC were beyond the powers of the District Magistrate under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules.
SLFC.also submitted that the internet is a lifeline in a pandemic situation enabling people to work, access health care, for students to access educational resources and for access to justice.
In this regard, their petition highlights, “An internet shutdown during a pandemic is a violation of Fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.”
The Court has now posted the matter for further hearing on May 22, Friday, by when the State is file its affidavits on the issue.
Read order here:
