ASHLESH BIRADAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This public interest petition challenges the order dated 03rd of March, 2022 issued by the Additional Chief Secretary, Home and Hill Affairs Department, Government of West Bengal temporarily suspending the internet service in data related message or class of messages to or from any person or class of persons relating to any particular subject, brought for transmission by or transmitted or received by any telegraph within the ambit of the India Telegraph Act, 1885 within the specified blocks/police stations. The order has been made effective from 11 A.M. to 3:15 P.M. on the specified date. The order is applicable to various blocks/areas of as many as seven districts of the State of West Bengal.

(2.) Challenging the above order learned Counsel for the petitioner has submitted that on account of this order bank to bank payments, online clearance and other business activities through internet and even online teaching classes are affected and that though no clear reason has been mentioned in the order but apparently the impugned order has been issued to control cheating in the Madhyamik Examination, therefore, it does not satisfy the test of proportionality. He has further submitted that if the State authorities apprehend cheating in the examination through WhatsApp and other means then they can prohibit use of mobile phones in the examination centres, put jammers, increase vigilance, enhance security etc., but they cannot be permitted to suspend internet service infringing the constitutional right of general public. He has also submitted that the reason assigned in the impugned order is vague, it does not satisfy the requirement of Sec. 5(2) of the Indian Telegraph Act and that the impugned order is without jurisdiction. In support of his submission he has placed reliance upon the judgment of the Hon'ble Supreme Court in the matter of Anuradha Bhasin vs. Union of India and others reported in (2020) 3 SCC 637 and in the matter of Secretary and Curator, Victoria Memorial Hall vs. Howrah Ganatantrik Nagrik Samity reported in (2010) 3 SCC 732 and in the matter of People's Union For Civil Liberties (PUCL) vs. Union of India and Another reported in (1997) 1 SCC 301.

(3.) Learned Advocate General supporting the impugned order has submitted that the Review Committee has duly approved the order in terms of Rule 2(6) of the Rules of 2017 and that the order has been issued to prevent cheating in the sensitive areas during the Madhaymik Examination, 2022. He submits that the order satisfies the test of proportionality because there is no restriction imposed on voice calls, SMS and newspaper communication but the order is confined to suspension of only data related messages or calls for transmission in only some sensitive areas of seven districts of the State. He has submitted that the impugned order has been issued in due exercise of power by the competent authority.