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

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