HC-NIC
C/WPPIL/191/2015
ORDER
mobiles or may be through wi-fi, the matter might stand on
different footing and different considerations. But such was not
the fact situation. Further, when the authority itself has taken
care on the aspects of minimal restriction, we do not find that
this Court will have a microscopic examination website wise or
each of the sites available on internet. Hence, the said
contention cannot be accepted.
13. On the aspect of apprehended imminent breach of fundamental
rights, we may record that the petitioner mainly relied upon the
decisions which were pertaining to the imminent danger of
breach of fundamental rights of personal liberty keeping in view
Article 21 of the Constitution. The degree of protection of the
right under Article 21 of the Constitution cannot be
fully
equated with the protection of fundamental right available to a
citizen under Article 19(1) of the Constitution since the rights
under Article 19(1) are subject to reasonable restrictions. What
type of reasonable restriction may be upon such rights of a
citizen is a different aspect altogether but such rights under
Article 19(1) are not absolute but are subject to the powers of
the State to put reasonable restrictions. In any case, when as
per the observations made by us herein above, the power
exercised under Article 144 of the Code is not
beyond the scope of
found by us
Section 144 of the Code, we cannot
proceed on the basis that power, if situation so demands, under
Section 144 of the Code, shall be exercised in arbitrary manner.
Page 12 of 15
Page 12 of 15
Created On Thu Sep 17 08:11:45 IST 2015