HC-NIC
C/WPPIL/191/2015
ORDER
the respondent-State and its officers from imposing a complete
or partial ban, blocking access to Internet Mobile/Broadband
Services in the State of Gujarat, since as per the petitioner, it is
violative of Articles 14, 19 and 21 of the Constitution and
consequently beyond the powers of the State Government
under the relevant laws. The petitioner has also prayed for
additional relief to hold that the respondent no.1 is vicariously
liable and
respondent no. 6 is personally liable for the
unconstitutional and arbitrary action of banning Mobile Internet
access and for causing loss as stated in paragraph 4.8 to the
nation and further appropriate directions to safeguard to the
fundamental rights are also prayed for.
2. We have heard Mr. Asim S. Pandya, learned counsel appearing
with Mr. Manan Bhatt and Mr. Jai Shah, learned counsels
appearing for the petitioner and we have also heard Ms.
Manisha L. Shah, learned Government Pleader, appearing for
the respondent nos. 1, 5 and 6 upon advance copy.
3. The contention raised on behalf of the petitioner was that the
competent authority could not resort to exercise of power
under Section 144 of the Code of Criminal Procedure, 1973
( hereafter to be referred to as “ the Code”) and if any power
was available, such was only under Section 69A of the
Information Technology Act, 2000 (hereafter to be referred to
as “the Act”). The second contention was that
wholesome
exercise of power under Section 144 of the Code in any case
Page 2 of 15
Page 2 of 15
Created On Thu Sep 17 08:11:45 IST 2015