3
WPA (P) 104 of 2022
For Civil Liberties (PUCL) vs. Union of India and
Another reported in (1997) 1 SCC 301.
Learned Advocate General supporting the impugned
order has submitted that the Review Committee has duly
approved the order in terms of Rule 2(6) of the Rules of
2017 and that the order has been issued to prevent
cheating in the sensitive areas during the Madhaymik
Examination, 2022. He submits that the order satisfies
the test of proportionality because there is no restriction
imposed
on
voice
calls,
SMS
and
newspaper
communication but the order is confined to suspension of
only data related messages or calls for transmission in
only some sensitive areas of seven districts of the State.
He has submitted that the impugned order has been
issued in due exercise of power by the competent
authority.
Having heard the learned Counsel for the parties and
on perusal of the record, we have noticed that the
impugned order for suspension of internet service in
specified districts has been issued by the Additional Chief
Secretary, Home & Hill Affairs Department, Government
of West Bengal under Section 144 of the Cr.P.C. But
under Section 144, District Magistrate or Sub-Divisional
Magistrate or any other Executive Magistrate empowered
by the State Government only have the jurisdiction to
pass the order and once such order is passed by the