Jharkhand HC: No internet suspension for holding exams without court’s nod
THE JHARKHAND STORY NETWORK Ranchi, Sept 22: The Jharkhand High Court today directed the State government not to suspend the internet…
THE JHARKHAND STORY NETWORK
Ranchi, Sept 22: The Jharkhand High Court today directed the State government not to suspend the internet services for holding any examination without its permission till the pendency of the writ petition.
The PIL was filed yesterday by State Bar Council Chairman Rajendra Krishna challenging the government’s order to suspend the internet for holding the combined graduate-level examination held by the JSSC.
The court, however, didn’t put a stay on the order when the state government submitted that the internet facility was not disabled in totality rather it was a partial disablement, i.e., only the mobile data, mobile internet and mobile wifi.
A division bench comprising Justices Ananda Sen and Anubha Rawat Choudhary was apprised today that the State authorities in supersession/modification of the earlier notification, have now suspended the entire internet facility, which includes broadband connectivity based on fixed telecom lines, FTTH and leased lines also for the entire State of Jharkhand. The period of suspension now has been changed from 04.00 a.m. to 03.30 p.m.
After verifying the petitioner’s contention, the court summoned Home Secretary Vandana Dadel and said the subsequent action of the State amounts to overreaching the judicial order passed on September 21.
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“This is a fraud played on this Court and is a deceitful action. The interim order passed by this Court reveals that the balance of convenience between the parties was taken into consideration, i.e., the balance of convenience between the public at large and the concern of the State to conduct a proper examination, but the balance itself has been disturbed by the fresh action of the State,” the court observed.
“This direction by the State authority to shut down the entire service after the September 21 order nullifies and modifies the judicial order passed by this Court. This prima facie amounts to criminal contempt also,” the court observed.
Home secretary’s defence
The home secretary submitted that during the intervening night of 21st September and 22nd September at about 00.00 Hours, some intelligent inputs were received and, on that basis, a high-level decision was taken to suspend the entire internet services and facilities throughout the State of Jharkhand. An email was sent at about 01.30 am on 22nd September (today) to all the Service Providers to suspend the entire internet service from 08.00 am till 01.30 pm on 22nd September.
The court, however, observed that there is a divergence in the submission made by Vandana Dadel and the representatives of the service providers and the SMS sent by the service providers.
The bench asked all the service providers and the State government to file replies and fixed November 14 for the next hearing.
