Issue – The Supreme Court decided to take up a case brought by the Software Freedom Law Centre in India protesting nationwide Internet shutdowns in certain states.
Facts of the case – The petitioner’s attorney initially argued that the problem of internet outages was a national issue in India. He used the example of the internet being shut down because of a Rajasthani exam. It should be recalled that the Supreme Court previously declined to hear a case challenging Rajasthan’s internet blackouts on the grounds that the petitioner might file a case with the Rajasthan High Court under Article 226.
Arguments –These specific states, the ones we have accused – West Bengal, Rajasthan, Gujarat, and Arunachal Pradesh – frequently shut down the internet when it comes to test cheating. Our visit to the Supreme Court is intended to allow for the issuance of pan-Indian directives. The Union further submitted a counter affidavit.
Reasoning – The Supreme Court urged the parties to appear before the High Court in prior petitions as well since there, the judges would be able to speak with the parties and learn the rationale behind the Internet shutdown. Not everyone in the country is experiencing it at once. In fact, we’ve had approaches. In a similar vein, you can also take your case to the High Court, which will hear it.
Judgement – After three weeks, on a day not designated for miscellaneous business, the bench ultimately decided to keep the matter since it involved a pan-Indian problem.
Provisions used in the case – Article 226 of the Indian Constitution
Case title – Software Freedom Law Centre, India v. State of Arunachal Pradesh And Ors.
Written by – Nikita Shankar