Challenging Internet Ban in Darjeeling hills
I am seeking advice as to how best to challenge the legality and constitutionality of the internet ban in the Darjeeling Hills which has now been in force for more than one month.
While it has been difficult to research the details due to the ban, my understanding is that the current ban is being implemented under Section 144 and the order came from the DM’s office, and the ban has not been done under the relevant section of the Information and Technology Act.
As far as we are aware, the length and extent of the ban are unprecedented in India and are a total breach of the rights of the Darjeeling residents and citizens.
All internet services, broadband and data packages have been suspended in the Darjeeling Hills since the 18th June 2017.
We would like to find out:
1. On what basis or what evidence the order was granted? We have heard it was under Section 144 because of risk to public property and public order. However, if there was such risk to justify this ban, why has Section 144 not been enforced in full, restricting movement of people?
2. Were all necessary procedures followed? How can we find this information?
3. Even if procedures were followed, is there a way to challenge the constitutionality of the ban on the grounds of freedom of speech, right to information?
Thanks in advance.
Asked 7 years ago in Constitutional Law
