CYRILLA: Global Digital Rights Law

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Bhasin v. Union of India

Case Law

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Bhasin v. Union of India

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: 10 de jan. de 2020

Case Status: Closed

Case Outcome (Procedural)

Motion Granted

Case Outcome (Disposition)

Declaratory Relief

Keywords

Internet Shutdown
National Security
Public Order

Judicial Body: Constitutional Court

Court Name: Supreme Court of India

Case Number: Writ Petition (Civil) No. 1031/2019

Case Summary: The Supreme Court of India ruled that an indefinite suspension of internet services would be illegal under Indian law and that orders for internet shutdown must satisfy the tests of necessity and proportionality. The case concerned the internet and movement restrictions imposed in the Jammu and Kashmir region in India on August 4, 2019, in the name of protecting public order. In the end, however, the Court did not lift the internet restrictions and instead, it directed the government to review the shutdown orders against the tests outlined in its judgment and lift those that were not necessary or did not have a temporal limit. The Court reiterated that freedom of expression online enjoyed Constitutional protection, but could be restricted in the name of national security. The Court held that though the Government was empowered to impose a complete internet shutdown, any order(s) imposing such restrictions had to be made public and was subject to judicial review.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Bhasin v. Union of India
Dhirendra Singh Rajpurohit v. State of Rajasthan
Justice K.S. Puttaswamy v. Union of India

Source Name and URL: Global Freedom of Expression

Notes: The decision was given by a three-judge bench of the Indian Supreme Court. Therefore, it establishes a binding precedent on all Courts within, unless overruled by a larger bench of the Supreme Court.

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1580301349938n29y644e8ii.pdf
English
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