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As per the petitioner, the shutdown is a grossly disproportionate interference with the citizens' constitutional rights to freedom of speech and expression under Article 19(1)(a) and the right to carry on any trade or business under Article 19(1)(g) through the constitutionally protected medium of the internet.
The Supreme Court on Wednesday directed the Manipur resident before it to approach the High Court with their plea challenging the state-wide internet shutdown imposed on May 3, 2023, in Manipur as a response to reported incidents of violence in the state.
"Go before High Court no under Article 226, we have recommended appointment of a permanent CJ also just yesterday.. it will help. The moment we take it up, the High Court will stop looking into it.. saying that Supreme Court has stepped in", observed CJI DY Chandrachud.
The bench also comprising Justices PS Narasimha and Manoj Mishra was further informed by the court that the High Court was slated to take up the similar petition today.
After hearing Advocate Shadan Farasat, appearing for the petitioner, the CJI ordered thus,
"Manipur High Court is seized of the matter. On June 27, High Court had constituted a committee to examine the issues. Mr Shadan Farasat submits that aspect of proportionality would merit his submission. Since the case is pending before the High Court, Mr Farasat can move the High Court . We allow withdrawal and keep all contentions open.."
Filed by lawyer Chongtham Victor Singh and businessman Mayengbam James, the petition submitted that the shutdown has had a significant economic, humanitarian, social, and psychological impact on them and their families.
Rallies were organized by volunteers and youth of the state protesting against the demand for inclusion of the Meitei/Meetei community within the Scheduled Tribe category. These clashes escalated into widespread arson, violence, and killings across the state, which justified a temporary and time-bound shutdown of the internet.
It is the petitioner's case that a few days after the initial shutdown, tensions were diffused, and aside from sporadic incidents of violence that could be addressed at the district level, there was a clear and admitted de-escalation of the situation, but despite this return to normalcy, the state-wide internet shutdown was mechanically extended and remains in force at present.
They have been unable to send their children to school, access funds from banks, receive payments from clients, distribute salaries, or communicate via email or WhatsApp, the plea submitted.
"Not only have they experienced feelings of fear, anxiety, helplessness, and frustration as a result of the shutdown, but they have also been unable to communicate with their loved ones or office colleagues, straining personal, professional, and social relationships. Additionally, they have been unable to send their children to school, access their bank accounts, receive or send payments, obtain essential supplies and medicines, and more, bringing their lives and livelihoods to a standstill", the petition added.
Amidst tensions escalating in the State of Manipur, two Special Leave Petitions (SLPs) were filed before the Supreme Court last month against the High Court's order directing the Centre and the State governments to include the Meetei/Meitei community of the State in the Scheduled Tribe list of the Indian Constitution as a "tribe" of Manipur.
The Supreme Court had then asked the State of Manipur to make due arrangements in the relief camps organised by the government and all necessary precautions must be taken for rehabilitation of displaced persons.
Two days back, State of Manipur had informed the Supreme Court that the situation in the state was improving by slowly. CJI Chandrachud led bench had then asked the state to file an updated status report on the situation.
Case Title: Chongtham Victor Singh vs. State of Manipur
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