The Supreme Court of India has refrained from intervening in a petition challenging the ongoing internet shutdown in Manipur, which has been in effect since May 3, 2023. The bench, led by Chief Justice of India D. Y. Chandrachud, noted that the Manipur High Court is already seized of the matter and has formed an expert committee to examine the possibility of providing limited internet services to the public.
The petition was filed by Chongtham Victor Singh, a lawyer, and Mayengbam James, a businessman, both residents of Manipur. Advocate Shadan Farasat, representing the petitioners, stated, “This is the matter concerning the internet ban which is going on since 40 days.”
However, the Supreme Court bench pointed out that a division bench of the Manipur High Court is already seized of the matter. CJI D. Y. Chandrachud said,
“The Division Bench is seized of the matter. Why don’t you move the High Court? Because the moment we issue notice, High Court will stop looking into the matter.”
Farasat highlighted that the High Court had not, so far, looked into the principle of proportionality in the matter. In response, CJI D. Y. Chandrachud stated, “A Division Bench of the High Court of Manipur is already seized of the matter in which an expert committee was formed and directed to examine whether internet could be restored in the State. Mr Shadan Farasat states that the principle of proportionality also merits consideration in the matter. Faced with the fact that an Article 226 petition is also pending, Mr Shadan Farasat seeks permission to withdraw this matter and intervene in the pending matter or file an independent petition before High Court. Permission granted.”
The petitioners argued that the shutdown was a “grossly disproportionate” interference with their 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). They claimed that the “continued suspension of the Internet for the purpose of preventing rumour-mongering and the spread of misinformation does not pass the threshold prescribed by the Telecom Suspension Rules 2017.”
The Supreme Court’s decision underscores the importance of the High Court’s role in addressing local issues and the respect for the ongoing judicial process. The case also highlights the ongoing debate around internet shutdowns and their impact on fundamental rights in India.