HC-NIC
C/WPPIL/191/2015
ORDER
[ A.I.R. 1940 Bom. 42], with the further contention that the
Bombay High Court judgment is binding on this Court. Similarly
the reliance was also made upon a Sikkim High Court decision
in Gopalji Prasad Vs State of Sikkim [1981 Cri. LJ 60]. In
order to assert that right to free speech and expression
guaranteed under Article 19(1)(a) of the Constitution can be
used by the mode of Internet use, he relied on recent decision
of the Apex Court in case of Shreya Singhal Vs Union of
India [(2015) 5 SCC 1] wherein the Supreme Court struck
down Section 66-A of the Information Technology Act as putting
unreasonable restriction on the right to free speech. The said
decision was in different context where vires of Section 66-A
was considered by the Apex Court and it was held that the said
provision was arbitrary and putting excessive restrictions on
the enjoyment of fundamental right to free speech.
15. The Notification issued by the Commissioner of Police, City of
Ahmedabad, in the present case was in the background of a
specific fact situation which in view of the said competent
authority was prone for aggravation leading to public tranquility
and public safety and the blocking of internet mobile facility
was considered to be an appropriate action. Yet another
decision in Ramlila Maidan Incident, In RE [2012 (5) SCC
1] was relied on by learned advocate for the petitioner to
vehemently contend that in that case the Supreme Court came
down heavily on the authorities for invoking Section 144 of the
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