HC-NIC
C/WPPIL/191/2015
ORDER
law. But as per the learned counsel for the petitioner, in the
absence thereof, the Court may not proceed on the basis that
restriction of fundamental right was valid in law. As regards the
apprehended action on the part of the respondent-State and its
officials, it was submitted that even if there is no actual breach
of fundamental right, but if there is imminent danger or
apprehension, the Court may entertain the challenge to the
apprehended action also and therefore, the petition may not be
termed as on hypothesis or surmises. It was submitted that
therefore, this Court may interfere. The learned counsel relied
upon various decisions of the Apex Court, however, we think it
appropriate to refer to those only which as per our view are
relevant for considering the controversy.
4. On behalf of the respondent-State and its officials, Ms. Manisha
L. Shah, the learned Government Pleader, by relying upon the
voluminous material contended that there was sufficient valid
ground for exercise of power under Section 144 of the Code. It
was submitted that had the powers not been exercised under
Section 144 for blockage of internet facility on mobile phones,
possibly, peace could not have been restored with the other
efforts made by the State for maintenance of
the law and
order. She submitted that the petitioner is not having all the
details for exercise of power and the ground raised that
notification for blocking of internet facility on mobile phones
from 25th August 2015 onwards was without there being any
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Created On Thu Sep 17 08:11:45 IST 2015