HC-NIC
C/WPPIL/191/2015
ORDER
11. On the aspect of minimal damage, it does appear that
competent authority had taken care, namely, of blocking
the
of
internet facility only on mobile phones and not on broadband
facility. The attempt made by the learned counsel for the
petitioner to contend that only social media sites could be
blocked and not complete blockage of the internet access
through mobiles, in our view, cannot be countenanced for two
reasons; one is that normally, it should be left to the authority
to find out its own mechanism for controlling the situation and
the second is that there are number of social media sites which
may
not
be
required
to
be
blocked
independently
or
completely. But if internet access through mobiles is blocked by
issuing directions to the mobile companies, such may possibly
be more effective approach found by the competent authority.
In any case, it was not complete ban on the internet access, but
in comparison to the access available to internet through
mobile, the same was only prohibited, whereas
access to
internet through broadband and wi-fi facility was permitted or
rather was not blocked.
12.
Under the circumstances, we are not impressed by the
contention that the authorities were not conscious nor were
they completely ignorant of the aspect of minimal restriction.
Further, as observed earlier, each of the situations in exercise
of the power under Section 144 of the Code may differ. Had
there been complete ban on internet access, may be through
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Created On Thu Sep 17 08:11:45 IST 2015