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A division bench comprised of Justice Manojit Bhuyan and Justice Soumitra Saikia expressed the opinion of the HC regarding the suspension of internet services in different parts of Assam due to the strikes against the Citizenship Amendment Act (CAA) passed by the Indian Parliament on 11/12/2019.
In the instant PIL filed , the petitioner challenged the Government circular declaring all net services to be shut down in ten districts of Assam based on the provisions of Section 5(2) of the Indian Telegraph, 1885 read with the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. A further notification suspended the net services in the entire Assam with the only relaxation of Broadband Internet Services.
The petitioner submitted that the suspension of internet services prevailed even after the situation returned to normalcy. The remainder of the protests and demonstrations were peaceful in nature. However the prolonged suspension of internet services in Assam has brought forth the business sector and the daily household chores to a complete standstill. The petitioner prayed for the restoration of the services beyond the afternoon hours.
The Assistant Solicitor General of India, S.C. Keyal on behalf of the respondent submitted that the reasons behind the implementation of the circular provided its own justification. Regarding the prolonged suspension, the counsel for the respondent claimed that there was a chance of the intensifying of the protests in the upcoming days.
In view of the above situation, the HC concluded that although the law permits the suspension of data services in case of emergencies, the apparent shit of the situations towards normalcy should be an indication for the authorities to resume the services suspended during the conflict. The HC gave an interim order to the state to do the same unless the protests intensify.
Banashree Gogoi v. Union of India, PIL No. 78 of 2019.
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