Thread by @NetShutdowns: "Please find our legal Analysis of the #Kashmir Communication Lock-down judgement pronounced yesterday by the Supreme Court of India.
#Let [...]" #internetshutdowns #letthenetwork #shutdowns #keepiton #kashmir
On Publication of Orders - The apex court directed that all orders under S.144 of Cr.P.C as well as under the Telecom Suspension Rules have to be published. This will go a long way in ensuring that the suspension orders can be challenged under Art.226 before HC. #LetTheNetWork
In this Judgement, the court held that - On Access to the Internet and exercise of fundamental rights: That any curtailment of internet access have to be reasonable and within the boundaries laid down by Art. 19(2) and 19(6) of the Constitution. #LetTheNetWork
On Proportionality - The Court held that any curtailment of fundamental rights should be proportional and that the least restrictive measures should be resorted by the State. It must be considered by the State only if ‘necessary’ and ‘unavoidable’. #LetTheNetWork
On Reasoned Orders - The Court held that Rule 2(2) of the Telecom Suspension Rules, 2017 requires every order passed by the competent authority to be a reasoned order. #LetTheNetWork
On Section 144 - The court held that power under Section 144 of CRPC is remedial as well as preventive. Further, Section 144 cannot be used to suppress expression of opinion. Any order passed under Section 144 should state material facts to enable judicial review. #LetTheNetWork
Court held that suspending internet services indefinitely is impermissible. It directed that the review committee must meet within 7 days of the previous review, look into compliance with requirements of Section 5(2) of the Telegraph Act as well as the proportionality of orders.
The positive aspect of the judgment is that the Court has laid down the law on #Internetshutdowns with emphasis on proportionality & reasonableness. The need to issue reasoned orders along with the mandate to make all orders public could result in reduction of arbitrary shutdowns
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