In a significant ruling, the Jharkhand High Court on Sunday restrained state authorities from suspending internet services during examination days without obtaining prior court permission. The decision was delivered by a Division Bench comprising Justice Ananda Sen and Justice Anubha Rawat Choudhary in response to a Public Interest Litigation (PIL) filed by Rajendra Krishna challenging the suspension of mobile internet in the state on September 21 and 22.
The state had ordered the internet shutdown to prevent cheating, question paper leaks, and other malpractices during the Jharkhand General Graduate Level Combined Competitive Examination. However, the High Court criticized the state’s actions, noting that such a drastic measure infringes on the fundamental rights of citizens.
“It is made clear that, until the pending writ petition is resolved, no internet services in any form may be suspended within the State of Jharkhand for the purpose of conducting examinations without prior permission from this Court,” the Bench ruled.
Initially, the Court declined to stay the suspension on September 21, as only mobile internet services were affected at that time. However, an urgent hearing was requested on Sunday after the state expanded the suspension to include broadband and other internet services, prompting the Court’s intervention.
Terming the expansion of the internet shutdown as an “overreach” and a “fraud on this Court,” the Bench expressed strong disapproval. “This deceitful action nullifies and modifies the judicial order passed by this Court on Saturday. Such conduct prima facie amounts to contempt of court,” the judges remarked.
The Court further added that if the state felt an emergent situation warranted the extension of the internet suspension, it should have sought a modification of the original order rather than unilaterally shutting down all services. This move, the Court said, disturbed the balance of convenience that had been considered when initially refusing to grant an interim stay.
Citing the lack of intelligence input or factual basis for the state’s decision, the Court ruled that a complete shutdown of internet services violates fundamental rights under Article 19 of the Constitution of India. “Merely citing phrases like ‘public interest’ and ‘ensuring fair examination’ without substantive backing is insufficient justification for such a severe action,” the Court observed.
The Court ordered the immediate restoration of broadband, FTTH, and leased-line internet services and scheduled the next hearing for November 14. Additionally, the Court directed telecom companies to submit all communications and directives received from the state regarding the internet suspension on September 21 and 22.
Rajendra Krishna, the petitioner, appeared in person, while Additional Advocate General Sachin Kumar represented the state. Advocates Prabhat Kumar and Bharat Kumar appeared for the telecom companies.
