Gauhati High Court to hear PIL challenging the Telecom Suspension Rules in March

The Gauhati High Court last week listed the public interest litigation Petition challenging the constitutional validity of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 on 4 March [Ajit Kumar Bhuyan v State of Assam]..During the hearing, a Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia allowed an intervention application filed by the Internet Freedom Foundation, a trust advocating freedom of speech.The applicant opposed the Rules on the ground that en-masse blanket suspension of telecom services was an inherently disproportionate measure..Further, that the suspension of internet and telecom services was an unreasonable restriction on the freedom of speech and expression, both of users and the media, it was contended.To substantiate this argument, the applicants relied on the judgment in Shreya Singhal v Union of India where the Supreme Court recognised that freedom of speech and expression extended to the internet and therefore, could only be restricted in accordance with Article 19(2)..It was stated that internet is an essential tool in today’s inter-connected world to access information about the pandemic and social, political, economic events.“The internet shutdowns deprive citizens of their fundamental right to express their thoughts, views and opinions about major political and social events which have a direct impact on their lives,” the plea submitted. .Attention was drawn in this regard to the judgment of the Kerala High Court in Faheema Shirin v State of Kerala where access to internet was specifically recognised as a fundamental right..The Telecom Rules were said to suffer from serious procedural deficiencies and a lack of due process, making them highly susceptible to arbitrary use.“Empirical evidence suggests that internet shutdowns actually incentivize forums of violent collective action which require less communication, coordination and planning than peaceful demonstrations,” pointed out the application to demonstrate that suspension of telecom services was an irrational measure..It was stressed that the harms caused by internet shutdowns were clear, but their benefits were dubious.Therefore, the applicants sought to assist the court since the outcome of the PIL would effect the public at large as internet shutdowns affect every citizen..Advocate SK Deka appeared for the petitioner whereas the respondent was represented by a Government Advocate of Assam..[Read Order]