Supreme Court agrees to hear plea challenging internet shutdowns in Rajasthan during exam session

The Supreme Court on Wednesday agreed to hear a petition challenging the shutdown of internet services in Rajasthan from February 25-28, during the exam session. .The plea was mentioned before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Krishna Murari and PS Narasimha by Advocate Vishal Tiwari, who said that judicial work was also hampered as a result of the shutdown. "Anuradha Bhasin case has to be followed. This is a usual practice now," he submitted. The Bench agreed to list the case after the apex court's upcoming Holi break..In September last year, the Supreme Court sought the Central government's response in a a plea challenging internet shutdowns to prevent cheating in exams. It had directed the government to explain whether a standard protocol exists to address the issue."We issue notice only to the Union of India. Union to indicate whether there are standard protocol with respect to grievance raised. We would like to see what is the protocol when it is about exams etc or bank exams or public exams," the order had stated..The petitioners in that case had submitted that shutdowns by various states were arbitrary and unlawful, and caused massive economic losses.There are no review committees to check the legality of orders suspending internet services, and besides, the right to access the internet is a part of the right to information as well as right to health, the plea added. "The restriction on such a right by the Respondents in the form of imposing internet shutdowns affects the ability of citizens to access information related to COVID-19 and affects the ability of health personnel to disseminate the information.".In Anuradha Bhasin v. Union of India, the Supreme Court had held that internet shutdowns can be resorted to only as a drastic measure, to be adopted in exceptional circumstances.That verdict was rendered on a plea challenging the internet shutdown in Jammu & Kashmir after the abrogation of Article 370 of the Constitution.The Supreme Court in that judgment had laid down various procedural safeguards to be followed by the government before resorting to internet shutdowns.However, following this judgment, numerous petitions have been filed against internet shutdowns in various states.