Jahanvi Agarwal
On 22nd September, the Jharkhand High Court restrained the State authorities from suspending internet services on examination days without seeking prior judicial approval. The directive came in response to a Public Interest Litigation (PIL) challenging the suspension of mobile internet services on September 21 and 22, during the Jharkhand General Graduate Level Combined Competitive Examination.
A Division Bench, comprising Justice Ananda Sen and Justice Anubha Rawat Choudhary, passed the order after the State justified the suspension of internet services as necessary to prevent malpractice such as cheating or the leaking of examination papers. However, the Court made it clear that “till the writ petition is pending, no internet facility, in any form, shall be suspended within the State of Jharkhand on the grounds of conducting any examination without the leave of this Court.”
Initially, the Court on September 21 had refused to stay the suspension order since only mobile internet services were affected. However, on Sunday, an urgent hearing was requested after the State decided to extend the suspension to broadband and other internet services, which the Court deemed an overreach of its prior decision.
Terming this act a violation of judicial authority, the Court remarked, “This is a fraud played on this Court and is a deceitful action.” It further noted that the balance of convenience, which had been carefully considered between public interest and the State’s concerns about conducting a fair examination, was disturbed by the State’s fresh action. “Such a decision effectively nullifies the judicial order passed on 21.09.2024 and prima facie amounts to contempt of court,” the Bench observed.
The Court swiftly ordered the restoration of internet services through broadband, FTTH (Fiber-to-the-Home), and leased lines. It expressed its discontent with the State’s decision to shut down the entire internet network without sufficient justification. The Court pointed out that there was no substantial material indicating any credible intelligence input to warrant such an extensive shutdown.
The Bench added, “Merely using the terms ‘public interest’, ‘adequate safety of students at large’, or ‘ensuring fair examination’ without factual support does not suffice to shut down the entire internet services across the State.” The ruling also reiterated that shutting down internet services amounts to an infringement of fundamental rights under Article 19 of the Constitution.
The matter will be taken up for further hearing on November 14, 2024. Additionally, telecom companies were instructed to submit all communications and directions they received from the State of Jharkhand regarding the suspension of both mobile and landline internet services for the examination days.
Case Name: Rajendra Krishna vs. The State of Jharkhand
Case Number: W.P. (PIL) No. 5287 of 2024
Bench: Justice Ananda Sen and Justice Anubha Rawat Choudhary