Mobile Internet Ban Violates Freedom of Speech : Manipur HC

Mobile Internet Ban Violates Freedom of Speech : Manipur HC

The Manipur High Court emphasized that internet services are integral to freedom of speech and declared the state-wide mobile internet ban unsustainable, urging the government to cease its enforcement

The division bench of Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui, criticized the government for failing to fully adhere to previous directives, specifically regarding the restoration of internet services in non-violence-affected regions.

During the course of hearing, the bench expressed understanding regarding the national security concerns in certain areas, but emphasized the need to balance those concerns with the rights of residents in unaffected regions when deciding on the restoration of internet services.

Further, the Court argued that it's undeniable today that internet services constitute a component of freedom of speech, albeit subject to reasonable limitations

The Court pointed out that considering the State's assertion of normalcy in the majority of regions, it questioned the rationale behind withholding services. It stated, "From what we understand, except for limited areas, the State largely enjoys peace. Why then withhold services? Why claim the situation isn't normal when, according to the State itself, it is? Clarify that the situation is indeed normal, barring these specified areas."

Earlier,  the Court had directed the State to activate mobile towers on a trial basis in District Headquarters unaffected by violence. Additionally, it mandated the State to provide information on the practicality of reinstating internet services within the Greater Imphal area.

Today, during the hearing,  the Court was informed that the State has extended the ban on mobile internet until December 3, except for the regions where the ban was previously lifted.

The Court highlighted that enabling people to appear before it via video conference would reveal the specific areas within the State requiring assistance or support.

The bench questioned, "In a violence-affected area, if an individual needs to file a complaint, where can they turn to and whom should they approach?"

After examining the record containing the discussions and decisions of the review committee established under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, the Court observed that while the authorities acknowledged its directions, they were only addressed in a cursory manner.

Hence, the Court  sought a detailed status report regarding its directives for the restoration of internet services.

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