Thread by @SFLCin

#LetTheNetWork
An #RTI response from the Rajasthan government reveals that a total of 6 shutdowns were imposed during August 2018 in the districts of #Ajmer, #Bhilwara, #Naguar and #Tonk to prevent cheating in exams.
sflc.in/rti-applicatio…
#keepiton #internetshutdown

The RTI response states that the law under which the suspension was ordered is Order Number F 35(1) Home-9/ 2006 Pt. Dated 02-09-2017 issued by Home (Gr.9) Department of Rajasthan Government.

The order states that in exercise of the powers conferred by Rule 2(1) of the Temporary Suspension Of Telecom Services Rules, 2017, the DCs of the State of Rajasthan are hereby empowered to exercise the powers conferred by the Rules in case of public emergency or public safety.

This essentially resulted in delegation of powers by the Home Department to the Divisional Commissioners, as it is a blanket order without an end date.

The order is dated 2nd February 2017 and the copies of internet suspension orders are dated 4th August 2018, 23rd August 2018, 24th August 2018, 26th August 2018, 27th August 2018 and 31st August 2018.

However, such a delegation is perverse in law. Rule 2(1) of the Telecom Suspension Rules clearly states that direction to suspend telecom services shall not be issued except by an order made by the Secretary to the State Government in-charge of the Home Department.

Further the rule provides that in case of an emergency where the order cannot be passed by the Secretary, the power to issue an order is with an officer equivalent to the rank of a Joint Secretary to the Government of India.

Thus, the rules provide for a clear procedure to be followed. It does not provide for any delegation of this power. It is a settled principle of law that when a statute provides a procedure for exercising a power then the power must be exercised in that manner only.

Therefore, this notification which essentially created an alternate procedure for imposing an internet shutdown is illegal and arbitrary.

Further, the response by the Divisional Commissioner also states that there exists no Review Committee at the level of Divisional Commissioner Ajmer. The state Home Department has also not sent any reply in this regard.

Therefore, we do not know if a review committee has been formed by the Rajasthan Government, even after 4 years of the Telecom Suspension Rules coming into force.