Plea against internet shutdowns to prevent cheating in exams: Supreme Court seeks response from Central government

The Supreme Court on Friday issued notice to the Central government on a plea challenging internet shutdowns to prevent cheating in exams. (Software Freedom Law Centre, India vs State of Arunachal Pradesh and ors).A bench headed by Chief Justice of India (CJI) UU Lalit directed the Central government to inform the Court of 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 stated..CJI Lalit also noted that the petitioners had moved the Calcutta High Court and a few other High Courts with the same prayers and asked why they couldn't seek relief from one of the High Courts itself. However, advocate Vrinda Grover, appearing for the petitioners said that the orders on shutdown of internet are not in the public domain and it requires a lot of work to get them.To this, the CJI said, "This organization's annual income is 50 to 70 lakhs so you keep filing PILs. You can ask the HC to follow the Anuradha bhasin judgment""State of Rajasthan told the High Court that there will be no shutdown. But immediately after that they imposed that. Will there be a threshold....will proportionality be maintained? They can even frisk (candidates before exam).. now internet is need to access basic services also like MNREGA benefits etc this is pan-India," Grover replied.However, the CJI pointed out that having jammers in every district examination centre may have cost implications.To this, Grover pointed out that even the parliamentary committee has said that it cannot be done for cheating.The bench which also comprised Justices S Ravindra Bhat and PS Narasimha then proceeded to issue notice to the Central government alone..The petitioner in the instant public interest litigation (PIL) petition is the Software Freedom Law Centre, an organisation that works for the 'promotion and protection of digital rights and digital freedoms'.The PIL has been drawn by advocates Mishi Choudhary, Prasanth Sugathan, Radhika Jhalani and Mythili Srinivasamurthy, and filed through advocate Prasanna S. Deeming the shutdowns by various States arbitrary and unlawful, the petition submits that massive economic losses are caused by the same. There are no review commitees to check the legality of orders suspending internet services, and besides, the right to have access the internet is a part of the right to information as well as right to health, the plea submits. "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."Accordingly, the following directions to the respondent-States are sought:To not suspend Internet services on the ground of preventing cheating in examinations and for such other routine administrative reasons To produce all orders made by the Respondents bringing in to effect the suspension of telecom and Internet services to prevent cheating in examinations; Only the competent personnel as authorised by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 shall issue orders to suspend telecommunication services and no blanket delegation of authority is permissible in this regard To publish all telecom shutdown orders in major national and regional newspapers in addition to websites of the respective Departments of Home To form a review committee in accordance to the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, and to review all future orders to suspend telecom services within the timeframe stipulated in the law, irrespective of the time-period of the suspension Setting aside of the 2017 order of the Rajasthan government that delegated the 'blanket' power to suspend internet services to Divisional Commissioners.[Read order]