Internet Suspension Orders Must Be Uploaded On The Official Website Within 48 Hours: Jharkhand HC Directs State Government
|The Jharkhand High Court directed the State Government to upload all orders suspending internet services in various districts within 48 hours. The Court disposed of a Writ Petition seeking the production of all orders passed by the State Government related to the suspension of internet services.
The Bench headed by Chief Justice Sanjaya Kumar Mishra and comprising Justice Ananda Sen noted, “We dispose of this Writ Petition in the nature of Public Interest Litigation by taking note of the decisions of the Hon’ble Supreme Court in the case of Anuradha Bhasin versus Union of India [(2020) 3 SCC 637] as well as in the case of Foundation for Media Professions versus Union Territory of Jammu & Kashmir & Another [(2020) 5 SCC 746] with a direction to the State Government to follow the directions given by the Hon’ble Supreme Court in the aforesaid cases in future in case they take a decision to suspend internet services. It is also directed that all previous orders suspending internet services be uploaded within 48 hours in the official website of the State Government”.
Advocate Shailesh Poddar appeared for the Petitioner, and the Additional Advocate General Jay Prakash appeared for the Respondent.
On February 6, 2022, the Home Secretary was notified of incidents in certain regions of the state that could potentially cause public disorder. In response, internet services in the districts of Hazaribagh, Giridih, Chatra, Koderma, and Ramgarh were temporarily suspended from 11:00 PM that night until further notice. The Home Secretary issued an order to prevent the spread of rumors and false information via the internet, which had the potential to disrupt law and order. This order was made under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 (Rules, 2017) in conjunction with sub-rule (2A) of the Temporary Suspension of Telecom Services (Amendment) Rules, 2020 (Rules, 2020). The Petitioner, operating under the name of Software Freedom Law Center (SFLC), filed a writ Petition in the nature of Public Interest Litigation before the Court requesting the production of the internet suspension orders in the state.
The Court noted that the State Government's decision to suspend internet services during the specified periods was reasonable. However, the Court while referring to the Supreme Court's Directions in the case of Anuradha Bhasin v Union of India [(2020) 3 SCC 637], held that the officials should have posted the orders on their website at the appropriate time.
The Court directed the State Government to adhere to the guidelines provided if they decide to suspend internet services in the future. Furthermore, the Court directed the Respondents to upload all previous orders suspending internet services to the official website of the State Government within 48 hours.
Accordingly, the Court disposed of the Petition.
Cause Title: Software Freedom Law Center v The State of Jharkhand through the Chief Secretary