State Chief Secretaries Advised To Follow 'Anuradha Bhasin' Judgment For Internet Shutdowns : Union Tells Supreme Court
4 weeks, 2 days ago

State Chief Secretaries Advised To Follow 'Anuradha Bhasin' Judgment For Internet Shutdowns : Union Tells Supreme Court

Live Law  

The Supreme Court on December 10 heard a writ petition filed by the Software Freedom Law Center, a registered society, seeking to regulate internet shutdowns. "Such orders which call for shutting down internet services for conduct of examinations are impermissible under the Temporary Suspension of Telecom Services Rules, 2017.which is the only legislative mandate under which internet shutdown orders can be passed," the writ petition avers. Grover also referred to the Telecommunication Act 2023 and Telecommunications Rules, 2024, which has now superseded the regime of the Indian Telegraph Act, 1885, and added that the statutory mandate read with Bhasin's judgment will be framework under which internet shutdowns can take place. The writ petition notes: "That the Respondent Governments and its instrumentalities have been imposing internet shutdowns across different districts in India, on the pretext of imaginary, fanciful or fictitious law and order problems arising out of organization of examinations.

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Bureaucrats told to follow SC rulings on internet shutdowns, Centre informs judges
1 month ago

Bureaucrats told to follow SC rulings on internet shutdowns, Centre informs judges

The Hindu  

The Centre informed the Supreme Court on Tuesday that it had written to state chief secretaries to follow the law laid down by the apex court on the issue of internet shutdowns. A bench of Justices Vikram Nath and P B Varale was informed by the Centre about the top court's judgement on internet shutdowns in Anuradha Bhasin's case. In …

Centre opposes plea in SC seeking guidelines to curb internet shutdowns
1 month ago

Centre opposes plea in SC seeking guidelines to curb internet shutdowns

Hindustan Times  

The Union government on Tuesday opposed a plea in the Supreme Court seeking nationwide guidelines to restrict internet shutdowns, arguing that such an “advance ruling” would be untenable and that each instance of internet suspension must be challenged individually. As a bench of justices Vikram Nath and PB Varale took up a petition challenging internet shutdown imposed by Centre and …

Measuring internet freedom in India in the last 10 years
9 months, 1 week ago

Measuring internet freedom in India in the last 10 years

The Hindu  

In the Freedom Journal series, we look at how freedoms in the political, economic, digital and media landscape have evolved in the last decade. The Supreme Court of India, in the landmark Anuradha Bhasin v. Union of India case, reiterated that internet shutdowns violate fundamental rights to freedom of expression, and that shutdowns which last indefinitely are unconstitutional. This, however, …

An Internet ban will not restore peace in Manipur
1 year, 5 months ago

An Internet ban will not restore peace in Manipur

The Hindu  

Manipur is burning but the rest of India did not care. This case in particular is vital to understand evolving jurisprudence of “limited internet shutdowns” not only in Manipur but also the rest of India. Editorial | Overkill: On the Internet shutdown in Manipur In Anuradha Bhasin vs Union of India, the Supreme Court failed to adjudicate on even one …

Shashi Tharoor reacts to Manipur internet shutdown ahead of key court hearing
1 year, 5 months ago

Shashi Tharoor reacts to Manipur internet shutdown ahead of key court hearing

India Today  

Congress MP Shashi Tharoor today said it is bizarre that India is the only democracy that routinely resorts to internet shutdowns and urged upon courts to end the "awful practice". Tharoor's statement comes a day ahead of a Supreme Court hearing on Manipur internet shutdown. The Parliamentary Standing Committee on Information Technology hadâ€æ — Shashi Tharoor July 16, 2023 Tharoor, …

Plea in Supreme Court challenges ‘mechanical’ internet blackout in Manipur
1 year, 7 months ago

Plea in Supreme Court challenges ‘mechanical’ internet blackout in Manipur

The Hindu  

June 05, 2023 05:46 pm | Updated 06:22 pm IST - NEW DELHI A petition was filed in the Supreme Court against the mechanical and repeated shutdown of internet in Manipur even after an “admitted de-escalation” in violence and clashes across the State. The plea filed by Chongtham Victor Singh, an advocate with the Manipur High Court, said the shutdown …

Supreme Court Agrees To Hear Plea Challenging Frequent Internet Shutdowns In Different States
1 year, 9 months ago

Supreme Court Agrees To Hear Plea Challenging Frequent Internet Shutdowns In Different States

Live Law  

The Supreme Court agreed to list a petition filed by Software Freedom Law Centre, India challenging Internet Shutdowns in various states across the country. It may be noted that the Supreme Court had earlier refused to entertain a petition which was challenging internet shut downs in Rajasthan on the ground that the petitioner could approach the Rajasthan High Court under …

Internet Shutdown In Rajasthan | Supreme Court Refuses To Entertain Petition, Directs Petitioner To Approach High Court
1 year, 9 months ago

Internet Shutdown In Rajasthan | Supreme Court Refuses To Entertain Petition, Directs Petitioner To Approach High Court

Live Law  

The Supreme Court of India on Friday, refused to entertain a petition seeking enforcement of the guidelines and directions laid down in Anuradha Bhasin v Union of India and Ors to prevent internet shut downs in the state of Rajasthan. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala opined that the petitioner had the remedy …

After Rajasthan Govt’s Internet Shutdown To Prevent Cheating In Public Exam, Plea In Supreme Court Seeks Enforcement Of Shutdown Guidelines
1 year, 10 months ago

After Rajasthan Govt’s Internet Shutdown To Prevent Cheating In Public Exam, Plea In Supreme Court Seeks Enforcement Of Shutdown Guidelines

Live Law  

After mobile internet services were suspended in 11 districts in Rajasthan to prevent cheating in a competitive examination to recruit government schoolteachers, a petition has been filed in the Supreme Court seeking the implementation of the Anuradha Bhasin guidelines for internet shutdowns.The petitioner Chhaya Rani, an advocate practising in the Rajasthan High Court, said that as a. After mobile internet …

Supreme Court Issues Notice On Private Schools Association Plea Against Internet Shutdowns In J&K
2 years, 2 months ago

Supreme Court Issues Notice On Private Schools Association Plea Against Internet Shutdowns In J&K

Live Law  

A Division Bench of the Supreme Court of India on Monday issued notice on a writ petition seeking uninterrupted and continuous 4G mobile internet services in the Union Territory of Jammu and Kashmir. The petitioner is a non-profit society called Private Schools Association J&K that represents "the interests of over 3800 member schools" in the Union Territory, according to the …

Draft Telecom Bill: Why Internet Shutdowns in India May Continue To Be Excessive
2 years, 3 months ago

Draft Telecom Bill: Why Internet Shutdowns in India May Continue To Be Excessive

The Quint  

In KS Puttaswamy vs Union of India, the Supreme Court ruled that a violation of privacy is justified as long as it passes the tests of legality, necessity, and proportionality. The test of necessity laid down by the Supreme Court, in this case, is “defined in terms of a legitimate State aim.” Since the Anuradha Bhasin judgment draws from this …

'Declare Internet Shutdowns As Unconstitutional': PIL Filed In SC [Read Petition]
4 years, 11 months ago

'Declare Internet Shutdowns As Unconstitutional': PIL Filed In SC [Read Petition]

Live Law  

A Public Interest Litigation petition has been filed in the Supreme Court seeking to declare internet shutdowns as "unconstitutional, illegal and unenforceable".The petition filed by lawyer Ehtesham Hashmi, law student Arshad Hussain and Dipa Tiwari states that India has been witnessing arbitrary internet shutdowns, particularly in the backdrop of anti-CAA protests.It is stated that India has. A Public Interest Litigation …

Access to internet is a fundamental right: Supreme Court
5 years ago

Access to internet is a fundamental right: Supreme Court

Deccan Chronicle  

New Delhi: In a major blow to the Centre, the Supreme Court on Friday said that access to the internet is a fundamental right of all citizens and asked the government to review all restrictions in Kashmir within a week. Taking a dim view of the Centre subjecting people in Kashmir to a lockdown and communication blackout, including internet services, …

‘Can’t Shut Everything Under Garb Of National Security’: Hegde
5 years ago

‘Can’t Shut Everything Under Garb Of National Security’: Hegde

The Quint  

Commenting on the Supreme Court’s judgment on a bunch of petitions that challenged the legality of the five-month internet shutdown in Jammu and Kashmir, Senior Supreme Court advocate Sanjay Hegde told The Quint that judgment as “a balanced exercise in proportionality.” The Supreme Court, on Friday, 10 January, observed that the access to internet cannot be suspended indefinitely. Since the …

'Internet shutdowns can't be ordered to suppress speech': SC directs Jammu and Kashmir govt to review restrictive orders within seven days
5 years ago

'Internet shutdowns can't be ordered to suppress speech': SC directs Jammu and Kashmir govt to review restrictive orders within seven days

Firstpost  

The verdict came on a batch of pleas which challenged curbs imposed in Jammu and Kashmir after the Centre’s abrogation of provisions of Article 370 on 5 August, 2019. New Delhi: The Supreme Court on Friday asked the Jammu and Kashmir administration to review all orders imposing restrictions in the Union Territory within a week while, holding that access to …

Internet shutdowns: The legality of Section 144 of the Code of Criminal Procedure
5 years ago

Internet shutdowns: The legality of Section 144 of the Code of Criminal Procedure

Firstpost  

According to internet advocacy group Access Now, India is on top for having enforced the most number of internet shutdowns as of 2018. If you had similar questions, technology lawyer Mishi Choudhary has compiled a helpful thread on Twitter explaining the nitty-gritty of internet shutdowns in India. An internet shutdown is issued under Section 144 of the Code of Criminal …

Executive Editor of Kashmir Times, Anuradha Bhasin, files writ petition in SC against ‘information blackout’ in Kashmir valley
5 years, 5 months ago

Executive Editor of Kashmir Times, Anuradha Bhasin, files writ petition in SC against ‘information blackout’ in Kashmir valley

Op India  

In the wake of the effective abrogation of Article 370 in Jammu and Kashmir, leading to the bifurcation of the state into two Union Territories, Anuradha Bhasin, Executive Editor of Kashmir Times has filed a writ petition in the Supreme Court of India challenging the freedom of the press in the state. Bhasin is one of the signatories to file …

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