The Division Bench comprising Justice Ananda Sen and Justice Anubha Rawat Choudhary issued this order after hearing a PIL challenging the suspension of mobile internet on September 21 and 22.
Ranchi, Jharkhand: The Jharkhand High Court on Sunday(22nd Sept) restrained state authorities from suspending internet services on the day of any examination without prior court permission.
The Division Bench comprising Justice Ananda Sen and Justice Anubha Rawat Choudhary issued this order after hearing a PIL challenging the suspension of mobile internet on September 21 and 22.
The State justified the suspension, claiming it was necessary to prevent cheating, question paper leaks, or other malpractices related to the Jharkhand General Graduate Level Combined Competitive Examination.
The Court clarified that
“Until the matter is resolved, no internet services can be suspended for examinations without its approval. Initially, the Court declined to stay the suspension on September 21, as it only affected mobile internet. However, the next day, the State expanded the suspension to include broadband and other internet services, prompting an urgent hearing”.
The Court strongly criticized the State’s actions, calling them a “fraud” and a “deceitful action.”
It stated that the government’s decision to suspend all internet services disrupted the balance between public convenience and the State’s concerns regarding the examination, thereby violating the court’s earlier order. The Court indicated that this act may amount to contempt of court.
The Court noted that the decision to completely suspend internet services essentially nullifies and alters the judicial order issued on Saturday, and prima facie constitutes contempt of court.
“When we convened yesterday, i.e., Saturday (21.09.2024), and chose not to issue an interim order after considering the overall circumstances, if there had been any emergent situation, the State and other parties should have approached this Court to seek a modification of the order. The State’s decision to suspend all services after the order dated 21.09.2024 effectively overrides and changes the judicial order passed by this Court. This, prima facie, amounts to criminal contempt as well.”
While issuing the order, the Court reviewed the government file concerning the extension of the internet suspension and noted that the shutdown of internet services has been deemed an infringement of fundamental rights.
“Based on the record, we find no material indicating any intelligence input justifying the shutdown of the entire internet service, including Broadband, FTTH, and Leased lines. Prima facie, there appears to be no application of mind in the reasoning provided. Simply using terms like ‘public interest’, ‘adequate safety of students at large’, and ‘ensuring fair examination’ without any factual basis to support these conclusions is insufficient to justify the shutdown of internet services across the State. It is now well established that suspending internet services constitutes an infringement of the fundamental rights protected under Article 19 of the Constitution of India.”
The telecom companies were instructed to submit all communications from the State concerning the suspension of internet services on September 21 and 22. Petitioner Rajendra Krishna represented himself, while Additional Advocate General Sachin Kumar appeared for the State, and advocates Prabhat Kumar and Bharat Kumar represented the telecom companies.
Case Title: Rajendra Krishna vs The State of Jharkhand
