Anuradha Bhasin v. Union of India and Others
Background
Following the reorganization of Jammu & Kashmir in August 2019, the Government imposed widespread restrictions in the region, including suspension of internet and mobile services and restrictions on movement/assembly under Section 144 CrPC. Kashmir Times executive editor Anuradha Bhasin, whose newspaper's operations were badly disrupted, and politician Ghulam Nabi Azad, challenged these restrictions before the Supreme Court as violating fundamental rights to free speech, free press, trade, and movement, and argued the orders imposing them were never even made public.
Decision Breakdown
The Court held that freedom of speech and expression, and freedom to carry on trade or business, through the medium of the internet are protected under Articles 19(1)(a) and 19(1)(g) of the Constitution, and that any restriction on these rights must meet the test of proportionality under Articles 19(2) and (6). It ruled that an indefinite suspension of internet services is impermissible under the governing Suspension Rules: suspensions can only be for a temporary duration, must be periodically reviewed, and are subject to judicial review. All orders imposing such restrictions, and any future orders, must be published so that affected persons can challenge them. Similarly, orders under Section 144 CrPC cannot be used to suppress legitimate expression of opinion or dissent, must record the specific material facts justifying them, and must not be passed repetitively as a matter of routine. The Court directed the authorities to review all existing restriction orders and revoke those not meeting these standards, while also directing that essential services like banking, hospitals and government websites be restored where connectivity remained suspended.
Lesson Learnt
Internet access for speech and commerce is constitutionally protected in India, so government shutdowns of internet or communication services, or blanket prohibitory orders restricting movement, cannot be indefinite, unreviewed, or kept secret; they must be temporary, proportionate, periodically reviewed, and published so citizens can challenge them in court.