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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 3947 of 2022 ---Software Freedom Law Center, India, through Authorised Representative Mamta Verma, having its registered Office at K-9, Second Floor, Birbal Road, PO PS Jangpura, Jangpura Extension, New Delhi 110014. … Petitioner Versus The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Dhurwa, Ranchi. … Respondent ---CORAM : SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J. ---For the Petitioner : Mr. Shailesh Poddar, Advocate For the Respondents : Mr. Jay Prakash, AAG IA Mr. Yogesh Modi, AC to AAG IA Ms. Omiya Anusha, AC to AAG IA ---06/ 11.09.2023 Upon hearing the learned counsel for the parties, this Court passed the following (Per Sanjaya Kumar Mishra, C.J.):ORDER 1. By filing this writ petition in the nature of Public Interest Litigation, the petitioner, operating in the name and style of Software Freedom Law Center, India, having its registered Office at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi, has prayed for issuance of a direction to the respondents to produce in Court and publish on the web sites the orders passed by the respondents on 07.02.2022, 10.06.2022 and 11.06.2022, by which the suspension of internet was carried out in the State. It has also prayed for issuance of a writ in the nature of certiorari for quashing the orders dated 07.02.2022, 10.06.2022 and 11.06.2022, imposing suspension of internet services in the respective regions of Jharkhand State. It has also prayed for issuance of writ in the nature of mandamus to produce the entire review proceedings and all the orders passed by the Review Committee of the State, if any, relating to abovementioned orders dated 11.06.2022, 10.06.2022 and 07.02.2022, by which the respondents had suspended internet services. It has also prayed that a direction be passed directing the respondent to strictly

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Software Freedom Law Center, India v. State of Jharkhand

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: Sep 11, 2023

Case Status: Closed

Case Outcome (Procedural)

Admissible

Case Outcome (Disposition)

Access to Information Granted
Advisory Opinion/Preliminary Ruling
Order to Update

Keywords

Content Regulation / Censorship
Digital Rights
Internet Shutdown
National Security

Judicial Body: First Instance Court

Court Name: The High Court of Jharkhand

Case Number: W.P.(PIL) No. 3947 of 2022

Case Summary: The High Court of Jharkhand, in a Public Interest Litigation (PIL), directed the State Government of Jharkhand to publish all the previous internet shutdown suspension orders on its website. The case concerned a writ petition filed by the Software Freedom Law Center against the internet shutdown orders imposed by the State Government of Jharkhand on multiple occasions, wherein the State Government also failed to publish the order giving the reasons for the internet shutdowns. The Court held that while the internet shutdown suspension orders imposed by the State Government were not at fault, however, the Respondents should have published the order on their website, proving the reasonable rationale behind the suspension order. Furthermore, the Court noted that any order passed for internet suspension in the future must comply with the guidelines provided by the Supreme Court of India in the cases Foundation of Media Professionals (2020) and Anuradha Bhasin (2020).

Case Significance: The Ruling mandated that the State Government of Jharkhand publish all previous internet shutdown suspension orders on its website and comply with the guidelines set by the Supreme Court of India in the cases of Anuradha Bhasin v. Union of India, (2020) and Foundation for Media Professions v. Union Territory of Jammu & Kashmir (2020) for any future internet suspension orders. While the Court acknowledged the validity of the internet shutdowns imposed by the State Government in specific instances, it emphasized the importance of transparency and public accessibility in such decisions. This ruling enhances the principles of freedom of expression by promoting transparency and accountability in the implementation of internet shutdowns, ensuring that the reasons for such actions are publicly available, while also affirming the constitutional right to information and expression.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Global Freedom of Expression

Related Caselaw (self)

India

Collection

CIPIT
Columbia

Date Updated: Oct 29, 2023

Primary Documents

SFLC-final-judgment.pdf
english
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