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Referring to one instance where internet services were suspended for conducting high school examinations, the petition argued that such administrative decisions are manifestly arbitrary and wholly disproportionate.
The Supreme Court on Friday issued notice to the Ministry of Electronic and Information Technology in a plea seeking direction to States to not suspend Internet services on the grounds of preventing cheating in competitive examinations and for other such routine administrative reasons.
Chief Justice of India UU Lalit led bench thus sought a response on the plea filed by Software Freedom Law Centre.
Court asked the Ministry to file an affidavit indicating whether there is any standard protocol with respect to the grievance raised by the petitioner.
When the matter was taken up, the bench noted that the petitioners had previously approached various High Courts with the same grievance.
Accordingly, the Top Court questioned as to why the petitioner was not approaching the High Courts for relief in the matter.
To this, Counsel Vrinda Grover appearing for the petitioners replied saying that the orders on shutdown of internet are not in public domain and it requires a lot of work to get them.
Court also discussed the viability of installing jammers in examination centres and the cost of doing so.
The present PIL plea argued that telecom service shutdowns is an arbitrary and unjust practice, as it is contrary to the law and against the essence of the Constitution of India.
It further stated that government has been imposing internet shutdowns across different districts in India, on the pretext of imaginary, fanciful or fictitious law and order problems arising out of the organization of examinations.
The threat perception in all such cases is majorly flawed as district administrations in various states have been suspending internet services for an entire region for administrative reasons such as to prevent cheating in examinations, the plea added.
Case Title: Software Freedom Law Centre vs. State of Arunachal Pradesh and Ors
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