SOFTWARE FREEDOM LAW CENTER INDIA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-5-3
HIGH COURT OF CALCUTTA
Decided on May 16,2020

Software Freedom Law Center India Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The primary challenge in these three writ petitions is directed against an order issued by the District Magistrate, Hooghly on May 12, 2020, suspending internet service in a certain part of Hooghly.
(2.) Learned counsel for the petitioners assailed the said suspension order on various grounds i.e. lack of jurisdiction, there being no justification for issuing such order and the order is disproportional to the situation prevailing in the area concerned. Learned counsel for the petitioners referred to the Hon'ble Supreme Court's decisions in the case of Anuradha Vasin reported in 2020 SCC Online SC 25 and the Foundations for Media Professionals reported in 2020 SCC Online SC 453.
(3.) Learned Advocate General appearing for the respondents challenged the maintainability of the writ petitions on diverse grounds including the ground of alleged lack of locus standi on the part of the petitioners to maintain these writ petitions. He further referred to the relevant provisions of The Temporary Suspension of Telecom Services (due to Public Emergency or Public Safety) Rules, 2017 framed under Section 7 of the Indian Telegraph Act, 1885 and submitted that the impugned suspension order has been passed after complying with the relevant Rules.;


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