Digital Desk: The public interest lawsuit Petition challenging the constitutional validity of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, was listed on 4 March by the Gauhati High Court last week.
During the hearing, a bench consisting of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia granted an intervention request filed by the Internet Freedom Foundation, a non-profit organization dedicated to free speech.
The petitioner argued that blanket suspension of telecom services was an unreasonable remedy on a large scale. It was also argued that the suspension of internet and telecom services was an unjustified limitation on users' and media's freedom of speech and expression.
The applicants based their position on the Supreme Court's decision in Shreya Singhal v Union of India, which stated that freedom of speech and expression extended to the internet and could only be regulated according to Article 19 of the Constitution.
It was noted that in today's interconnected world, the internet is a crucial tool for accessing information on the epidemic and social, political, and economic developments.
"Internet shutdowns deprive residents of their fundamental right to express their thoughts, views, and opinions regarding critical political and social events that directly affect their lives," the petition claimed.
The Telecom Rules are believed to have major procedural flaws and a lack of due process, making them vulnerable to arbitrary application.
"Empirical data implies that internet shutdowns favor forums of violent collective action," according to the application, "which need-less communication, organization, and planning than peaceful demonstrations."
The petitioner was represented by Advocate SK Deka, while an Assam Government Advocate represented the respondent.
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