Anuradha Bhasin Vs Union of India, AIR2020SC1308

Anuradha Bhasin Vs Union of India, AIR2020SC1308

Anuradha Bhasin Vs Union of India, AIR2020SC1308

Anuradha Bhasin Vs Union of India, AIR2020SC1308

Coram: Justices N V Ramana, Surya Kant, and B R Gavai

 Facts of the Case
The Constitutional Order was issued by the President, applying all provisions of the Constitution of India to the State of Jammu and Kashmir. In light of the prevailing circumstances, on the same day, the District Magistrates, apprehending breach of peace and tranquility, imposed restrictions on movement and public gatherings by virtue of powers vested under Section 144, Code of Criminal Procedure Due to the said restrictions, the Petitioner claims that the movement of journalists was severely restricted. Aggrieved by the same, the Petitioners filed petition seeking issuance of an appropriate writ for setting aside or quashing any and all order(s), notification(s), direction(s) and/or circular(s) issued by the Respondents under which any/all modes of communication including internet, mobile and fixed line telecommunication services have been shut down or suspended or in any way made inaccessible or unavailable in any locality. Further, the Petitioners sought the issuance of an appropriate writ or direction directing Respondents to immediately restore all modes of communication including mobile, internet and landline services throughout Jammu and Kashmir in order to provide an enabling environment for the media to practice its profession.

Issues
1. Whether the Government can claim exemption from producing all the orders passed Under Section 144, Code of Criminal Procedure and other orders under the Suspension Rules?
2. Whether the freedom of speech and expression and freedom to practise any profession, or to carry on any occupation, trade or business over the Internet is a part of the fundamental rights under Part III of the Constitution?
3. Whether the Government’s action of prohibiting internet access is valid?
4. Whether the imposition of restrictions Under Section 144, Code of Criminal Procedure were valid?
5. Whether the freedom of press of the Petitioner in W.P. (C) No. 1031 of 2019 was violated due to the restrictions?

Observation and Decision
The Supreme Court declared that freedom of speech and expression and also freedom of trade and commerce through the medium of the internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g) respectively.

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