Jharkhand High Court restrains State from suspending internet on exam days

The Jharkhand High Court on Sunday restrained the State authorities from suspending the internet on the day of any examination without its prior permission [Rajendra Krishna vs The State of Jharkhand].

The Division Bench of Justice Ananda Sen and Justice Anubha Rawat Choudhary passed the order after hearing a Public Interest Litigation that challenged suspension of mobile internet in the state on September 21 and 22.

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.

“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,” ordered the Court.

The Court on September 21 (Saturday) had refused to stay the decision to suspend internet after it was told that only mobile internet had been suspended.

However, a request for an urgent hearing was made on Sunday after the State decided to suspend broadband and other internet facilities as well.

Calling the decision to suspend all internet facilities an overreach of judicial order during the pendency of the PIL, the Court said,

“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.” 

It added that the decision to shut down the internet entirely in fact nullifies and modifies the judicial order passed by the Court on Saturday and prima facie amounts to contempt of court.

“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.”

The Court thus ordered immediate restoration of internet services through Broadband, FTTH, Leaseline. 

While passing the order, the Court read the government file related to the decision to expand the internet suspension. It observed that shutting down internet facility has been held to be an infringement of fundamental rights. 

“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,” it said.

The Court will hear the matter next on November 14.

The telecom companies have been 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 September 21 and September 22.

Petitioner Rajendra Krishna appeared in person.

Additional Advocate General Sachin Kumar represented the State.

Advocates Prabhat Kumar and Bharat Kumar represented the telecom companies. 

[Read Order]