statutes and regulations made under them. With regard to the shut­ down of the internet, the Supreme Court of India finally declared that: i. The freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(l)(a) and Article 19(l)(g). The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test ofproportionality. 10 ii. An order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017. Suspension can be utilized for a temporary duration, only. 15 Hi. Any order suspending internet issued under the Suspension Rules, must adhere to the principle ofproportionality and must not extend beyond the necessary duration. iv. Any order suspending the internet under the Suspension Rules is subject to judicial review based on the parameters set out in its judgment. 5 20 I am of the view that the parameters set by the Supreme Court of India for the Government of India are a good starting point to determine whether the shutdown of the internet during and after the 2016 General and Local Government Elections was consistent with the Constitution 25 of Uganda. The appropriate tribunal should of course first and foremost consider the jurisprudence that has developed over Article 29 of the Constitution of Uganda. In the end result, this petition could not be entertained by this court and it is hereby struck out. I make no order as to costs since the petition 30 appears to have been filed in the public interest. Irene Mulyagonja V JUSTICE OF APPEAL/CONSTITUTIONAL COURT 18

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