WWW.LIVELAW.IN
W.P(C).No.19716/2019-L
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and constitutionally protected, cannot be held to ransom by an intolerant group of
people; the fundamental freedom under Article 19(1)(a) can be reasonably
restricted only for the purposes mentioned in Article 19(2) and the restriction must
be justified on the anvil of necessity and not the quicksand of convenience or
expediency. It was held that freedom of expression cannot be suppressed on
account of threat of demonstration and processions or threats of violence which
would tantamount to negation of the rule of law and the surrender to blackmail and
intimidation.
18.
Though it is true that the Principal of the college is the supreme
authority to enforce discipline as held by this Court in Manu Wilson's case, Sojan
Francis' case, Indulekha Joseph's case (supra) and that there cannot be any
dispute that rules and regulations lawfully framed are to be obeyed by the students
and that teachers are like foster parents who are required to look after, cultivate
and guide the students in their pursuit of education for maintaining excellence of
education, the rules should be modified in tune with the modernisation of the
technology so as to enable the students to acquire knowledge from all available
sources. It would be open to the authorities in the hostel to supervise whether any
distraction or disturbance is caused to other students on account of usage of mobile
phone or take action when any such complaint is received. The total restriction on
its use and the direction to surrender it during the study hours is absolutely
unwarranted. When the Human Rights Council of the United Nations have found
that right to access to Internet is a fundamental freedom and a tool to ensure right
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