Gaurav Sureshbhai Vyas v. State of Gujarat

In September 2015, the State of Gujarat, India blocked Internet access through mobile phones for a week. The blockage was pursuant to Section 144 of the Code of Criminal Procedure. Petitioner Gaurav Sureshbhai Vyas brought the present public interest litigation before the High Court of Gujarat, seeking to declare that the state lacked authority to block Internet access under Section 144. He also asked the Court to issue a writ to permanently restrain the state and its public officials from imposing a complete or partial ban on access to Internet through mobile and broadband services under the 2015 order, arguing that such blockage violates Articles 14, 19, and 21 of the Constitution. The High Court of Gujarat held that the temporary ban on Internet through mobile phone services was permissible though the invocation of Section 144 as the state government had sufficient justification to prevent public disturbance and maintain public order. The Court further noted that a ban on Internet access may not be considered a per se violation of the right to freedom of expression if such restriction is “minimal.” According to the Court in the present litigation, Gujarat’s ban was a minimal restriction as access to Internet through broadband and Wi-Fi services was permitted or rather was not blocked.

CYRILLA: Global Digital Rights Law

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