Anuradha Bhasin v Union Of India Writ Petition (Civil) No. 1031 of 2019 - Synopsis
Team SoOLEGAL 31 Aug 2020

The Hon'ble Supreme Court held that an ongoing suspension of Internet services under Indian law was unconstitutional and that orders for the shutdown of the Internet should meet the requirement and proportionality standards. The case concerned was the shutdown of the internet services in the name of protecting public order imposed in Indian Jammu and Kashmir on 4 August 2019. The court, however, did not eventually remove the internet cap and instead ordered the government to analyze the shutdown orders in its judgment against the criteria outlined and to remove the criteria which were unnecessary or temporarily restricted. The Court affirmed that freedom of speech online was constitutionally secured, but in the name of national security could be limited. Although the government is allowed to enforce a full interruption of the Internet, the Court held that any order(s) enforcing such restrictions must be made public and must be judicially reviewed.

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