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The Punjab and Haryana High Court has sought the response of the Punjab and the central governments over a petition seeking provision for an alternative means to access Internet through publicly available Wi-Fi or broadband when mobile data services are suspended by the state.
The petitioner Neeraj, through his counsel Abhijeet Singh Rawaley, Ashutosh Dhankar, and Sahil Mehndiratta has submitted that the suspension of mobile Internet services only have an adverse, disproportionate, and discriminatory impact on a particular section of citizenry whose sole means to access the Internet is through mobile data services.
It was argued that such persons’ access to the Internet stands absolutely prohibited, in stark discrimination to those who access it via fixed-line broadband or Wi-Fi.
It is a breach of the fundamental rights of citizens such as the petitioner, it was contended. It was argued that petitioner, like a majority of Indians, obtains Internet access solely through mobile data services, while recently Punjab imposed a limited Internet ban, whereby only mobile data services such as 4G were stopped.
Therefore petitioner, and other similarly situated persons were the worst affected.
The way Internet ban was imposed breached the right to equality under Article 14, argued the petitioner’s lawyers.
The plea further stated that such an alternative provision becomes a part of the constitutionally mandated “fair, just and reasonable” procedure established and required under the law.
The petitioner also prayed for the reading down of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules to the extent that they empower authorities to violate fundamental rights.
Hearing the matter, the bench of Justice Vinod S Bhardwaj issued notice to the Punjab and the central governments .
Additional Advocate General Saurav Verma appeared for Punjab government while Senior Counsel Dheeraj Jain represented Government of India and prayed for some time to complete instructions and to file response.
The matter will come up for hearing on August 8 for further consideration.
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