HC-NIC C/WPPIL/191/2015 ORDER notification, is not correct. She submitted that the notification was already issued and is made part of the record which is tendered before the Court. On the question of law, the learned Government Pleader contended that exercise of power under Section 144 of the Code is operating for general control of the situation, more particularly in case of rioting, wherein, degree of disturbance of the public order will be huge. Whereas Section 69A of the Act operates for certain contingency and for blockage of certain sites only. It was submitted that since the State and its competent authority found that unless the blockage of the internet facility on mobile phones is made, the situation may be worsened or the State may not be in a position to achieve the object of maintaining public tranquility and curbing riot, the power under Section 144 of the Code was exercised. The learned Government Pleader further contended that it is difficult to visualize the situation which may happen on the day of Dandi Yatra or thereafter which is stated by the petitioner. She submitted that normally such power under Section 144 of the Code is exercised as a last resort or when it is extremely required. On the aspect of minimal restriction, the learned Government Pleader submitted that it was not that internet facility was completely banned or blocked, but in order to see that there is internet access available to people wherever broadband facility is available or wi-fi facility is available, such was not banned and therefore, she submitted Page 5 of 15 Page 5 of 15 Created On Thu Sep 17 08:11:45 IST 2015

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