1 month ago
Legal Challenge to Delhi Internet Shutdown Near Jantar Mantar
A legal organization called Software Freedom Law Center, India (SFLC.In) has filed a case in the Delhi High Court against the government's decision to shut down mobile internet services in parts of Central Delhi.
This shutdown is happening near Jantar Mantar, where people are protesting against issues related to the NEET exam.
The organization argues that the internet shutdown is illegal and violates people's rights to free speech, assembly, and other freedoms guaranteed by the Constitution.
They say the government did not provide good reasons for the shutdown and did not consider less restrictive alternatives.
The case is asking the court to cancel the shutdown orders and make the government more transparent about future shutdowns.
Software Freedom Law Center, India (SFLC.In) filed a PIL in the Delhi High Court against the suspension of mobile internet services in parts of Central Delhi near Jantar Mantar.
The PIL challenges the legality and proportionality of the internet shutdown, arguing it violates fundamental rights under Articles 19 and 21 of the Constitution.
The suspension orders were issued by the Union Ministry of Home Affairs on July 17, 20, 22, and 23, affecting a radius of approximately 1.5 kilometres from Jantar Mantar.
The petitioner contends that the shutdown orders are illegal, arbitrary, and unconstitutional, and that the government did not consider less restrictive alternatives.
The PIL seeks directions for the authorities to publish suspension orders contemporaneously and produce complete records relating to the suspension orders.
- Who
- Software Freedom Law Center, India (SFLC.In) filed a PIL against the Union Ministry of Home Affairs.
- What
- The PIL challenges the suspension of mobile internet services in parts of Central Delhi near Jantar Mantar.
- Where
- The shutdown affects areas within approximately 1.5 kilometres of Jantar Mantar in Central Delhi.
- When
- The suspension orders were issued on July 17, 20, 22, and 23.
- Why
- The shutdown was imposed to address the ongoing CJP-led protest against NEET paper leak and examination irregularities.
Petitioner's Argument
Government's Stance
Legality of Internet Shutdown
Petitioner's Argument
The petitioner argues that the internet shutdown is illegal, arbitrary, and unconstitutional, violating fundamental rights under Articles 19 and 21 of the Constitution.
Government's Stance
The government likely justifies the shutdown as necessary for public safety and averting public emergency under Section 20(2)(b) of the Telecom Act.
Proportionality and Necessity
Petitioner's Argument
The petitioner contends that the suspension orders do not demonstrate why a blanket suspension of mobile internet services was necessary or proportionate to any alleged threat.
Government's Stance
The government probably asserts that the shutdown was a proportionate measure to address the public emergency and ensure public safety.
Transparency and Accountability
Petitioner's Argument
The petitioner seeks directions for the authorities to publish suspension orders contemporaneously and produce complete records relating to the suspension orders.
Government's Stance
The government may argue that such transparency measures are not mandatory and could compromise sensitive information.
Key facts
- Petitioner
- Software Freedom Law Center, India (SFLC.In)
- Respondent
- Union Ministry of Home Affairs
- Location of Shutdown
- Parts of Central Delhi near Jantar Mantar
- Dates of Suspension Orders
- July 17, 20, 22, and 23
- Radius of Shutdown
- Approximately 1.5 kilometres from Jantar Mantar
- Legal Provisions Invoked
- Section 20(2)(b) of the Telecom Act read with the Suspension Rules, 2024
- Fundamental Rights Affected
- Articles 19(1)(a), 19(1)(b), 19(1)(g), and 21 of the Constitution
Quotes
Division Bench of the Delhi High Court
Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia
“"Due to some formatting issues, the petition is not being listed," Gonsalves informed the court.”
freepressjournal.in
“\"Please remove the objections.\”
freepressjournal.in
Lawyer for Software Freedom Law Center
Counsel representing the petitioner
“"This is a PIL against internet shutdown at Jantar Mantar," the lawyer said”
deccanchronicle.com
Sources
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