Legality of net suspension questioned
Source: The Sangai Express

Imphal, June 10 2025: A legal notice has been served to the Commissioner cum Secretary (Home) challenging the legality and Constitutionality of the order banning internet and mobile data services issued on June 7 recently.

The order banning internet and mobile data services in five districts was issued following widespread protests against the arrest of Arambai Tenggol leader Asem Kanan.

The internet suspension order of June 7 was passed by invoking a non-existent law, claims the legal notice served to the Commissioner cum Secretary (Home) on behalf of senior journalist Wangkhemcha Shamjai.

The internet suspension order was passed by invoking the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, which was framed under the Indian Telegraph Act, 1885.However, various sections of the Telecommunications Act, 2023 have come into force and accordingly, new rules for suspension of internet services, namely, Telecommunications (Temporary Suspension of Services) Rules, 2024 have come into force and the 2017 Rules stand superseded.

Hence, the June 7 order was issued by invoking a non-existent law and is not in accordance with the procedure established by law, thereby violating the mandate under Article 21 and rendering the order unconstitutional, read the legal notice.

It further pointed out a 2023 order of the High Court of Manipur stating that blanket suspension of internet services is not permissible and the least restrictive measure should be resorted to.

The least restrictive measure ought to be the suspension of internet services only in particular areas of the districts affected by violence, and mobile towers (mobile towers providing the mobile internet) should have been operationalized in areas unaffected by violence, claimed the legal notice served to the Commissioner cum Secretary (Home).

Further, in blatant contravention of the law laid down by the Supreme Court and the High Court of Manipur, the internet suspension order was not published in any widely circulated/read local dailies of the State or any medium easily accessible by the public, continued the legal notice.

Additionally, the suspension of the internet and mobile data services in the era of Digital India has violated the rights of the citizens of the State to express freely in furtherance of Article 19(l)(a) of the Constitution.

"This is much more pertinent in the case of many journalists who rely on the online/digital medium for disseminating their news reports and opinions on issues to the public.

Moreover, citizens' rights to freely practice any profession or carry on any trade, business or occupation over the medium of internet in furtherance of Article 19(1)(9) of the Constitution have been gravely affected by the blanket suspension of the internet services," said the legal notice.

Further, suspending the internet services for five days at a time amounts to colourable exercise of power.

This has been deliberately done in order to bypass review of the suspension orders by the Review Committee which is required to review the suspension order within a period of five days, it added.

The legal notice urged the Commissioner cum Secretary (Home) to take necessary steps to comply with the standing directions of the High Court of Manipur and act in accordance with the procedures established by law to avoid unconstitutionality, illegalities and any legal complicacies.

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