Judgement in Anuradha Bhasin v. UoI will be pronounced in Court 2 of the Supreme Court shortly. The judgement has been authored by Ramanna J. on behalf of the 3 judge bench also comprising of Gavai J. and Reddy J.
Operative directions of the judgement are as follows:
1. State should disclose all S. 144 orders & internet shutdown orders proactively.
1. State should disclose all S. 144 orders & internet shutdown orders proactively.
If it wants to claim privilege, it must specifically do so on affidavit. All existing and future orders to be published to allow aggrieved persons to challenge them
2. Freedom of speech and freedom of trade through the internet is protected by Art. 19(1) (a) and 19(1) (g). It can only be reasonably restricted in accordance with Art. 19(2) and 19(6).
3. Internet shutdowns cannot be ordered to suppress speech unless there is incitement to violence or similar reasons. Reasonableness of S. 144 orders must be assessed based on territorial reach, nature of restrictions and time period.
4. Indefinite suspension of internet not permissible. Periodic review must be conducted in accordance with Telecom Suspension Rules. State directed to review its orders in light of principles laid down above.
5. S.144 orders should not be mechanically imposed repeatedly. They should state material facts to enable judicial review.
A copy of the full text of the judgement is available here : main.sci.gov.in/supremecourt/2…
