Supreme Court of India

Anuradha Bhasin v Union of India

AIR 2020 SC 1308; AIROnline 2020 SC 1720201 min read
The case in brief30-second read
Facts
After the changes to Article 370 in August 2019, the authorities in Jammu and Kashmir suspended internet and telecom services and imposed restrictions under S.144 CrPC. A journalist and others challenged these measures by writ petitions.
Issue
Whether the internet suspension and S.144 orders were valid.
Held
Freedom of speech and the freedom to carry on trade over the internet are protected under Article 19(1)(a) and (g), subject to proportionate restrictions. Indefinite internet suspension is impermissible. S.144 is remedial and preventive and may be used on apprehension of danger amounting to an emergency, but cannot suppress legitimate expression or democratic rights; orders must state material facts, be proportionate and use the least intrusive measure; repetitive orders are an abuse of power. The State was directed to publish all orders and review them.
Principle
S.144 CrPC cannot be used to suppress legitimate expression; orders must state material facts and be proportionate, and internet suspension cannot be indefinite
Cite this

Facts

  • After the changes to Article 370 in August 2019, the authorities in Jammu and Kashmir suspended internet and telecom services and imposed restrictions under S.144 CrPC. A journalist and others challenged these measures by writ petitions.

Issue

  1. Whether the internet suspension and S.144 orders were valid.

Held

  • Freedom of speech and the freedom to carry on trade over the internet are protected under Article 19(1)(a) and (g), subject to proportionate restrictions. Indefinite internet suspension is impermissible. S.144 is remedial and preventive and may be used on apprehension of danger amounting to an emergency, but cannot suppress legitimate expression or democratic rights; orders must state material facts, be proportionate and use the least intrusive measure; repetitive orders are an abuse of power. The State was directed to publish all orders and review them.

Ratio decidendi

Prohibitory orders and internet shutdowns are subject to proportionality and judicial review.

Exam use

How to use it in an answer

Leading modern authority on S.163 BNSS orders.

Cite this

Citation

Anuradha Bhasin v Union of India AIR 2020 SC 1308; AIROnline 2020 SC 17

Reported: https://indiankanoon.org/doc/82461587/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.