It is certainly a most defining moment that none other than the Jharkhand High Court at Ranchi in a most learned, laudable, landmark, logical and latest judgment titled W.P. (PIL) No. 5287 of 2024 that was pronounced as recently as on 22.09.2024 has restrained the State authorities from arbitrarily suspending the internet on the day of any examination without its prior permission. It must be disclosed here that the Division Bench comprising of Hon’ble Sri Justice Ananda Sen and Hon’ble Smt Justice Anubha Rawat Choudhary who authored this notable judgment had passed the order after hearing a Public Interest Litigation that challenged suspension of mobile internet in the State on September 21 and 22. It also must be revealed here that the State had ordered suspension of internet saying that the same was necessary to ensure that there is no cheating, question paper leak or other malpractices in connection with the Jharkhand General Graduate Level Combined Competitive Examination.
At the very outset, this brief, brilliant, bold and balanced judgment sets the ball in motion by first and foremost putting forth in para 1 that, “This case has been listed today, on the request of the petitioner in person as he has submitted a written request to get this case listed on urgent basis in view of the latest development on this matter after yesterday’s order.”
Needless to say, the Bench then states in para 2 that, “Heard Mr. Rajendra Krishna, learned counsel in person, Mr. Sachin Kumar, learned Additional Advocate General, Mr. Prabhat Kumar, learned counsel for the BSNL and Mr. Bharat Kumar, learned counsel appearing for Bharti Airtel and RIL Jio.”
To put things in perspective, the Bench envisages in para 3 that, “This PIL was registered yesterday, i.e., on 21.09.2024 (Saturday) and a detail order was passed on 21.09.2024 by this Court. Considering the situation and submission of the State that internet facility was not disabled in totality rather it was a partial disablement, i.e., only the mobile data, mobile internet and mobile wifi, had been directed to be suspended from 08.00 AM to 01.30 PM on 21st September, 2024 and 22nd September, 2024 and as it was submitted by the counsel for the State and was also reflected in the notification contained in Order No. P.S.C./Inter.Cell-02/2022 105 dated 20th September, 2024 that voice calls and broadband connectivity based on fixed telephone lines will remain operational during the said period, this Court did not stay the operation of the notification dated 20th September, 2024, yesterday.”
Briefly stated, the Bench then unravels in para 4 stating that, “Today it has been brought to the notice of this Court that the State authorities in supersession/modification of the earlier notification, has now suspended the entire internet facility, which includes broadband connectivity based on fixed telecom lines, FTTH and leased lines also for the entire State of Jharkhand. The period of suspension now has been changed from 04.00 a.m. to 03.30 p.m. A message in this respect has been circulated by one of the service provider, i.e., JIO to some of their subscribers. Mr. Rajendra Krishna also produces a screenshot of such message which he has received in his mobile yesterday, i.e., on 21.09.2024 at 07.45 p.m. By referring to the said message he submits that his service provider JIO has informed him that entire internet services in Jharkhand on 22nd September will be shut down from 04.00 AM in the morning till 03.30 PM on the direction of the State Government. The said screenshot is made a part of this order, which is inserted below.”
As we see, the Bench then points out in para 5 that, “To verify the aforesaid position, we had requested presence of a responsible officer of BSNL Ranchi and other internet service provider like Bharti Airtel and JIO. Mr. Sanjiv Verma, General Manager, BSNL, Ranchi Business Area, Ranchi appeared in Court and submitted that BSNL got a message from Mrs. Vandana Dadel, Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, whereby they were directed to block the entire internet service including the fixed line, FTTH, Fibre and Leased line from 08.00 AM to 01.30 PM. Including the mobile internet and mobile data service for today, i.e., 22nd September, 2024.”
Do note, the Bench notes in para 6 that, “Learned Additional Advocate General submits that some intelligence input was received at night, so the Government decided to shut down the entire facility.”
To be sure, the Bench then observes in para 7 that, “From the aforesaid submission and the situation, we are now sure that at the instance of the State Government, entire internet facility has been shut down. This action has been taken only after we had refused to pass any interim order of stay on 21.09.2024 in favour of the petitioner, on the ground that internet facility in totality was not disabled rather it was only a partial disablement for a very limited period and that too only for mobile internet.”
Do further note, the Bench notes in para 8 that, “The second last paragraph of the order dated 21.09.2024 clearly suggests that the interim order was refused since the other internet facilities, i.e., broadband connectivity based on fixed telephone lines etc. were operational without any interruption and internet facility in totality was not disabled and there were no material to suggest that this partial disablement has affected any essential services. The said second last paragraph of the order dated 21.09.2024 is quoted below: –
13. In this case, since internet facility in totality has not been disabled and it is only a partial disablement for a very limited period and that too only for mobile internet and there are no material to suggest that this partial disablement has affected any essential services, we are not inclined to stay the Order No. P.S.C./Inter.Cell-02/2022 105 dated 20th September, 2024 issued by the Principal Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand.”
Most damningly, the Bench while taking potshots at State’s arbitrary actions lashed out in para 9 stating that, “Now after the order dated 21.09.2024 passed by this Court, the State have suspended the entire internet facilities also. This subsequent action of the State amounts to overreaching the judicial order passed by this Court on 21.09.2024, more so when the writ petition is still pending. This is a fraud played on this Court and is a deceitful action. The interim order passed by this Court reveals that the balance of convenience between the parties was taken into consideration, i.e., balance of convenience between the public at large and the concern of the State to conduct proper examination, but the balance itself has been disturbed by the fresh action of the State.”
Most forthrightly, the Bench points out in para 10 that, “When we sat yesterday, i.e., Saturday (21.09.2024), and refused to grant interim order considering the overall situation, if at all there was any emergent situation, the parties including the State should have approached this Court for modification of the order. This direction by the State authority to shut down the entire service after the order dated 21.09.2024, in fact, nullifies and modifies the judicial order passed by this Court. This prima facie amounts to criminal contempt also.”
Truth be told, the Bench discloses in para 11 that, “Considering the aforesaid position, through the learned Additional Advocate General we requested Mrs. Vandana Dadel, Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand to appear before us with the entire file, to see what was the emergency to suspend entire internet facility, superseding the earlier notification.”
As things stands, the Bench then directs in para 12 that, “In the meantime, we immediately direct all the service provider to restore internet services through Broadband, FTTH, Leaseline in tune with the earlier notification of the State Government contained in Order No. P.S.C./Inter.Cell-02/2022 105 dated 20th September, 2024 issued by the Principal Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand and our order dated 21st September, 2024.”
It is worth noting that the Bench notes in para 13 that, “The General Manager, BSNL, Ranchi Business Area, Ranchi who is present in Court, assures that he will do the needful. Registrar General of this Court will also inform all the other Service Providers, i.e., Bharti Airtel, Reliance Jio Infocom Ltd. and Vodafone, Idea to comply the directions.”
Most significantly, the Bench encapsulates in para 18 what constitutes the cornerstone of this robust judgment postulating that, “From the aforesaid noting, we do not find any material to suggest that what was the intelligence input to disrupt entire internet facility including shut down of Broadband, FTTH, and Leased line. Prima facie, we do not find any application of mind in the said noting. Merely putting the words and phrases, “public interest”, “adequate safety of students at large”, “ensuring fair examination” without any factual backing to arrive at the said conclusion is not sufficient to shut down the entire internet services, that too throughout the entire State, as it is now well established that shutting down of internet facility amounts to infringement of fundamental rights enshrined under Article 19 of the Constitution of India. Further, from the said noting we do not find any reference of our order dated 21.09.2024 passed in this case nor any timing of the meeting has been mentioned.”
It cannot be glossed over that the Bench points out in para 21 that, “We find that there is divergence in submission made by Mrs. Vandana Dadel and the representatives of the Service Provider and the SMS sent by the Service Provider. From the inserted message, hereinbefore, we find that the same was received by the subscriber at 07.45 PM. Further, from the message it is clear that as per the direction of the Government, on 22nd September, 2024 entire internet facility will be shut down through the State of Jharkhand. This Court fails to understand that if the State Government had taken a decision past midnight today, then how the Service Provider, yesterday at 07.45 PM informed that the Government had directed to shut down the entire internet on 22nd September, 2024. We are not in a position to reconcile these statements.”
As a corollary, the Bench then directs in para 22 that, “Considering the conflicting submissions made by the parties, we intend to implead all the service providers as party respondent, namely:-
(i) Bharat Sanchar Nigam Limited through its Chairmancum-Managing Director, BSNL Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi 110001.
(ii) Bharti Airtel through its Chief Executive Officer, having Office at Airtel Center, Plot No.16, Udyog Vihar, Phase IV, PO PS Udyog Vihar, District Gurugram 122015, State Haryana.
(iii) Reliance Jio Infocom Ltd., through its Chief Executive Officer, having Office at Reliance Corporate Park in Ghansoli, Navi Mumbai.
(iv) Vodafone-Idea through its East Cluster Head, Eastern Region Nodal, Regulatory & Corporate Affairs, Sector 5, Salt Lake Serjen Tech Park, Kolkata, West Bengal.”
Further, the Bench directs in para 26 stating that, “All the newly added respondents are directed to file Counter Affidavit. The newly added respondents are also directed to bring on record all the communications and directions received by them from the State of Jharkhand in respect of suspension of internet facility, be it mobile network or landline network for 21st September, 2024 and 22nd September, 2024. Be it noted that the State had already been directed to file counter affidavit vide our order dated 21st September, 2024.”
What’s more, the Bench then further directs in para 27 holding that, “List this case on 14th November, 2024. All the parties have requested this Court to keep the matter as “Part Head”. Accordingly, let this matter be treated as “part heard”.”
Finally and far most significantly, the Bench then closes the curtains of this recent judgment by clarifying and mandating in para 28 directing that, “It is made clear that till pendency of this writ petition, without the leave of this Court, no internet facility, in whatever form, will be suspended henceforth within the State of Jharkhand on the ground of conducting any examination.”
To conclude, we see that the Jharkhand High Court has batted most strongly for the convenience of public at large by restraining the State from suspending internet on exam days and took most serious objection on this arbitrary and deceitful action which nullifies and modifies the judicial order passed by Ranchi High Court. It is thus now definitely the bounden duty of the Jharkhand State Government to make the necessary corrections and comply with the same and do the needful as directed by the High Court! No denying!
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