-: 2 :comply with the guidelines framed by the Hon’ble Supreme Court in the case
of Anuradha Bhasin versus Union of India reported in (2020) 3 SCC 637.
2.
In course of hearing, learned counsel for the State would submit
that on 06.02.2022, it was brought to the notice of the Home Secretary,
Government of Jharkhand that some incidents had taken place in certain
regions of the State which might lead to breach of public order. The emergent
situation necessitated suspension of internet services in the District of
Hazaribagh, Giridih, Chatra, Koderma and Ramgarh and accordingly internet
services in the aforesaid five districts were suspended temporarily from 23:00
Hrs. on February 06, 2022 till further orders vide order contained in letter
No.013 dated 06.02.2022. Such order was issued by the Home Secretary,
Government of Jharkhand. The main object was to prevent use of internet to
spread rumor and fake information, which could lead to disturbance of law and
order by virtue of power conferred under the Temporary Suspension of
Telecom Services (Public Emergency or Public Safety) Rules, 2017 read with
sub-rule (2A) of the Temporary Suspension of Telecom Services (Amendment)
Rules, 2020. It is the case of the respondents that internet services remained
suspended only for short period for two days and order was revoked on
08.02.2022 vide letter No.014 dated 08.02.2022 issued by the Home
Secretary. Similarly, internet services were suspended for few hours on two
other occasions. It is submitted by learned Senior Counsel Mr. Jai Prakash,
AAG IA that such decision was taken because of the exigency of the situation
only to prevent loss of life and property, which could have taken place because
of breach of public order and law and order in certain Districts.
3.
In that view of the matter, we are of the opinion that the
suspension of internet services for the said periods by the State Government
cannot be found fault with, however, the respondents should have notified the
orders suspending the internet services in their web site at appropriate time as
per the directions given by the Hon’ble Supreme Court in the case of
Anuradha Bhasin versus Union of India reported in (2020) 3 SCC 637.
4.
We dispose of this Writ Petition in the nature of Public Interest
Litigation by taking note of the decisions of the Hon’ble Supreme Court in the
case of Anuradha Bhasin versus Union of India [(2020) 3 SCC 637] as well
as in the case of Foundation for Media Professions versus Union Territory
of Jammu & Kashmir & Another [(2020) 5 SCC 746] with a direction to the
State Government to follow the directions given by the Hon’ble Supreme Court