HC-NIC
C/WPPIL/191/2015
ORDER
notification, is not correct. She submitted that the notification
was already issued and is made part of the record which is
tendered before the Court. On the question of law, the learned
Government Pleader contended that exercise of power under
Section 144 of the Code is operating for general control of the
situation, more particularly in case of rioting, wherein, degree
of disturbance of the public order will be huge. Whereas Section
69A of the Act operates for certain contingency and for
blockage of certain sites only. It was submitted that since the
State and its competent authority found that unless the
blockage of the internet facility on mobile phones is made, the
situation may be worsened or the State may not be in a
position to achieve the object of maintaining public tranquility
and curbing riot, the power under Section 144 of the Code was
exercised. The learned Government Pleader further contended
that it is difficult to visualize the situation which may happen
on the day of Dandi Yatra or thereafter which is stated by the
petitioner. She submitted that normally such power under
Section 144 of the Code is exercised as a last resort or when it
is extremely required. On the aspect of minimal restriction, the
learned Government Pleader submitted that it was not that
internet facility was completely banned or blocked, but in order
to see that there is internet access available to people
wherever broadband facility is available or wi-fi
facility is
available, such was not banned and therefore, she submitted
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Created On Thu Sep 17 08:11:45 IST 2015