HC-NIC C/WPPIL/191/2015 ORDER the respondent-State and its officers from imposing a complete or partial ban, blocking access to Internet Mobile/Broadband Services in the State of Gujarat, since as per the petitioner, it is violative of Articles 14, 19 and 21 of the Constitution and consequently beyond the powers of the State Government under the relevant laws. The petitioner has also prayed for additional relief to hold that the respondent no.1 is vicariously liable and respondent no. 6 is personally liable for the unconstitutional and arbitrary action of banning Mobile Internet access and for causing loss as stated in paragraph 4.8 to the nation and further appropriate directions to safeguard to the fundamental rights are also prayed for. 2. We have heard Mr. Asim S. Pandya, learned counsel appearing with Mr. Manan Bhatt and Mr. Jai Shah, learned counsels appearing for the petitioner and we have also heard Ms. Manisha L. Shah, learned Government Pleader, appearing for the respondent nos. 1, 5 and 6 upon advance copy. 3. The contention raised on behalf of the petitioner was that the competent authority could not resort to exercise of power under Section 144 of the Code of Criminal Procedure, 1973 ( hereafter to be referred to as “ the Code”) and if any power was available, such was only under Section 69A of the Information Technology Act, 2000 (hereafter to be referred to as “the Act”). The second contention was that wholesome exercise of power under Section 144 of the Code in any case Page 2 of 15 Page 2 of 15 Created On Thu Sep 17 08:11:45 IST 2015

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