Internet Shutdown : Supreme Court Issues Notice On Application Seeking Compliance With Guidelines Laid Down In Anuradha Bhasin’s Case

The Supreme Court, on Thursday, issued notice in a miscellaneous application seeking compliance of the judgment of the Apex Court in Anuradha Bhasin v. Union of India And Ors. wherein it had laid down guidelines with respect to internet shutdown.

Advocate Vrinda Bhandari, appearing for the applicant, apprised the Bench comprising Justice BR Gavai, Justice Sanjay Karol and Justice Aravind Kumar that the applicants have filed RTIs seeking the status of compliance, but have been informed by the authorities that they are ‘not going to publish the orders on the website; not aware of the judgment’.

On the last occasion when the application came up for hearing, noting that Anuradha Bhasin was decided by a three-judge bench, a Division Bench of the Apex Court had directed the Registry to place the present miscellaneous application before a three-judge Bench.

While issuing notice the Bench made it returnable in 8 weeks. It directed the Registry to list the matter before Justice BR Gavai when he presides over a three-Judge Bench next.

Senior Advocate, Nakul Dewan, appearing for the applicant, apprised the Bench that another similar matter is pending before the Bench presided by the CJI DY Chandrachud. Justice Gavai indicated that the two matters can be tagged and placed before the CJI so that it can be placed before either of the Bench. To this Dewan responded, “We will take this order at the moment. We will come back.”

Background

The main petition was filed by Anuradha Bhasin, Executive Editor of Kashmir Times daily and Rajya Sabha MP Ghulam Nabi Azad which challenged the curbs on internet, media and also other prohibitions imposed in Kashmir region following the abrogation of the special status of J&K on August 5.

A bench comprising Justice NV Ramana, Justice Surya Kant and Justice BR Gavai had declared that freedom of speech and expression and also freedom of trade and commerce through the medium of internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g), respectively. It had also noted that the restriction on fundamental rights should be in accordance with the mandate under Article 19(2) and (6) and in consonance with the test of proportionality.

The Court had further observed -

"Expression through the internet has gained contemporary relevance and is one of the major means of information diffusion. Therefore, the freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution (para 26)".

The judgment also covered other issues, such as, determination of prerequisites for internet shutdown; impermissibility of indefinite suspension of internet; period review of internet suspension.

In relation to the internet shutdown the Court had passed the following directions -

1. An order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017. Suspension can be utilised for temporary duration only.
2. Any order suspending internet issued under the Suspension Rules, must adhere to the principle of proportionality and must not extend beyond necessary duration.
3. Any order suspending internet under the Suspension Rules is subject to judicial review.

[Case Title: Anuradha Bhasin v. Union of India And Ors. MA 208/2021 in WP(C) No. 1031/2019]

Click here to read the order