On 24.10.2019, after the aforesaid orders were placed on record
and pleadings were complete, the matter was listed for final
disposal on 05.11.2019. Taking into account the concerns
expressed by the parties, we extensively heard the counsel for
both sides, as well as all the Intervenors on 05.11.2019,
06.11.2019, 07.11.2019, 14.11.2019, 19.11.2019, 21.11.2019,
26.11.2019 and 27.11.2019, and considered all the submissions
made and documents placed before us.
B. CONTENTIONS
Ms. Vrinda Grover, Counsel for the Petitioner in W.P. (C) No.
1031 of 2019
It was contended that the petitioner, being executive editor
of one of the major newspapers, was not able to function
post 05.08.2019, due to various restrictions imposed on the
press.
Print media came to a grinding halt due to non-availability
of internet services, which in her view, is absolutely
essential for the modern press.
Curtailment of the internet, is a restriction on the right to
free speech, should be tested on the basis of reasonableness
and proportionality.
The procedure that is to be followed for restricting Internet
services is provided under the Temporary Suspension of
Telecom Services (Public Emergency or Public Service)
Rules, 2017 [hereinafter “Suspension Rules”], which were
notified under the Telegraph Act. The Suspension Rules
9
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