Cannot continue mobile internet ban in entire State: Manipur High Court

Internet services are a part of the freedom of speech, the Manipur High Court said on Friday while stressing that State government cannot continue with the ban on mobile internet in the entire State. .A division bench of Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui questioned the government for not fully complying with its earlier orders to restore internet services in areas not affected by violence.The bench opined that while it understands the reasoning for not restoring the internet in areas with grave concerns of national security, the rights of people living in other areas must be taken into consideration.The Court reasoned that nobody can today deny that internet services are a part of freedom of speech with reasonable restrictions. “So we are permitting you to impose reasonable restrictions in accordance with law but you can’t obliterate the right,” Justice Mridul remarked. The Court was hearing public interest litigation petitions challenging the internet ban..Taking into account the State’s claim that normalcy has returned to majority of areas, the Court said, “As far as we know, except for a few areas, by and large the State is peaceful, so why should the services not be restored? Why does the State have to say that the situation is not normal. The situation is normal according to the State. So let everybody know that the situation is normal, except in these areas.".The Court had last month directed the State to operationalize mobile towers, on a trial basis, in all those District Headquarters which have not been affected by violence. It had also ordered the State to inform it about the feasibility of restoring internet services within the Greater Imphal area.However, the Court was informed on Friday that the State has extended the mobile internet ban till December 3, except for the areas where it was lifted previously.While reiterating its call for restoring mobile internet services in Greater Imphal and other unaffected areas of State, the Court also highlighted how the absence of internet was affecting dispensation of justice..The Court said when people are allowed to appear before it through video conference, it will be known which areas in the State need succour.If a person in a violence affected area needs to file a complaint, where will he go and who will he approach, the bench asked.“How else are people going to access justice from areas where you say they are affected by violence? How will they access justice?” the Court added.The Court observed that access to justice is not just a slogan. “We have to make sure every citizen has access to justice. How else will they access it?” the bench remarked. .After examining the record containing the deliberations and decisions of review committee constituted under Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, the Court found that although its directions were considered by the authorities, this was done merely in passing. The Court, therefore, sought a detailed status report on its orders for restoration of internet.“This is not an adversarial litigation. Not even the petitioners want that national security be affected in any manner. But having said that, the other concerns and the rights of people of Manipur have to be taken into consideration by the review committee before passing the order,” the Court said while adjourning the matter till next week.