SC declines plea against frequent internet shutdowns in states

The Supreme Court has declined to entertain a plea questioning frequent internet shutdowns by state authorities for various purposes including for preventing cheating in competitive exams.

The top court asked petitioner Chhaya Rani who sought compliance of the Anuradha Bhasin case guidelines laid down by the apex court in 2020 on similar measures undertaken in Jammu and Kashmir, to approach the High Court concerned.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said the petitioner can avail the remedy under Article 226 of the Constitution.

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The plea questioned frequent internet shutdowns, including the three-day one imposed in Rajasthan recently in order to prevent cheating in competitive exams which obstructed even the judicial works.

"The internet was shut down in Rajasthan for three days. It has been happening in other states as well. We want to ensure compliance of the guidelines," it said.

The PIL filed by advocate Chhaya Rani made the Union government and all states as parties.

It sought a direction to prevent such "arbitrary, ultra vires internet shutdowns affecting the public at large and obstructing judicial work and leading to severe violation of fundamental rights of the citizens".

It claimed during the Rajasthan Entrance Examination Test 2023 (REET), the orders were issued for complete internet shutdown last month under Rule 2(1) of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules), 2017 citing the reasons of apprehensions of cheating and malpractice during the examination.

"The usage of internet has increased multi fold in our country wherein through this medium of communication, a lot of professional is using it in day to day amenities. Under the light of Covid-19, a lot of individuals including professionals and freelancers are working through the internet. The judiciary of our country is also working in the hybrid manner and mostly through the video conferencing," it said.