Banashree Gogoi v. Union of India
Case Law- Country
- Country Location
خط العرض: 23.078537445745496
خط الطول: 78.60363571015989
- Country Location (مرتبط Case Law)
- India
- Decision Date
- 19 ديسمبر 2019
- Case Status
- جاري النظر فيه
- Case Outcome Procedural
- Motion Granted
- Case Outcome (Disposition)
- قبول منح أمر قضائي / قرار إعدادي
- Keywords
- Internet Shutdown
- National Security Law
- Judicial Body
- المحكمة أول درجة
- Court Name
- Gauhati High Court
- Case Number
- PIL 78/2019
- Case Summary
The Gauhati High Court ordered the immediate restoration of mobile internet services in the State of Assam on the ground there was no longer evidence of sufficient threats to public order to justify the restriction. The State of Assam had suspended mobile and broadband internet on December 11, 2019 in response to protests and an outbreak of violence related to the controversial amended Citizenship Act. Despite a return to relative social calm, a lifting of the curfew and a restoration of broadband services by December 17th, mobile internet services remained suspended. The Court recognized that in given and specific situations, the law permits suspension, but that conditions must be continually reassessed and services restored as soon as the situation permits. The Court made particular note of the role internet services play in daily life and that such suspensions bring “life to a grinding halt.” Legal arguments related to the power and jurisdiction of the state authorities to issue Notifications under section 5(2) of the Indian Telegraph Act, 1885 to suspend internet services would be addressed when the case was heard on the merits.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw
- Source Name and URL
- Global Freedom of Expression