Many think that the SC judgment on #internetshutdown is weak because of the lack of an effective direction striking down the shut down orders. While that is true, I think the SC has moved the jurisprudence forward in a progressive manner 1/n
They have (1) recognised the right to internet access is a fundamental right, (2) that all orders authorising shut downs and s 144 orders have to be published, unless the government claims privilege (this is HUGE - a huge fight in the SC was about getting access to orders) 2/n
(3) they have recognised that an indefinite shut down is not sustainable (will have to see actual language of the judgment around that). (4) telecom suspension rules are inadequate and have gaps - hence review procedure under telegraph act seems to have been incorporated 3/n
How all this works out in practice, however, including whether the review committee meets, what they hold, whether it is an effective safeguards remains to be seen. The litigation will probably now shift to the HC
One can only hope that the HC are better at granting final relief than the SC!!
Edit: This tweet was posted before the order was uploaded. It is now clear that right to internet access hasn't been recognised. Instead SC read the right to internet through Art 19(1)(a)+(g) route. Although we cited Ker HC judgment on internet access, it hasn't been referred.
