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2020 Supreme(SC) 22

N.V.RAMANA, R.SUBHASH REDDY, B.R.GAVAI
ANURADHA BHASIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner(s):Sumita Hazarika, Shadan Farasat, Nizam Pasha, Jahnavi Sindhu, Shruti Narayan, Siddharth, Advocates
For the Respondent(s):Debasis Misra, Tushar Mehta, SG Ankur Talwar, Rajat Nair, Kanu Agrawal, B. V. Balaram Das, Tushar Mehta, SG Shashi Juneja, Satyajeet Kumar, Anshuman Ashok, Meenakshi Arora, Fuzail Ahmad Ayyubi, Deepali Dwivedi, Aditi Gupta, Mushtaque, Abdul Quadir, Rashmi, Dr. Nishesh Sharma, Sahitya Singh, Harvinder Chowdhury, Shadan Farasat, Gautam Bhatia, Vrinda Bhandari, Jahnavi Sindhu, Shruti Narayan, Dushyant Dave, Apar Gupta, Astha Sharma, Amjid Maqbool, Vrinda Bhandari, Abhishek Man Chanda, Kajal Dalal, Devdutta Mukhopadhyay, Neha Sangwan, Charanjeet Chanderpal, Anil Kumar, Bimal Roy Jad, N.G. Dev, Sumit Moza, Shikha Dixit, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Powers under Section 144, Cr.P.C. can be exercised not only in cases of present danger but also in situations where there is an apprehension of danger. Such powers are meant for urgent situations to prevent obstruction, annoyance, injury, or threats to public safety, and should not be used to suppress legitimate expression or democratic rights (!) (!) .

  2. Orders passed under Section 144, Cr.P.C. must state the material facts clearly to allow for judicial review. The exercise of this power must be bona fide, reasonable, and based on sufficient material, with proper application of mind. Repetitive or cryptic orders are considered an abuse of power (!) (!) .

  3. The power to impose restrictions under Section 144, Cr.P.C. should be proportionate to the situation, and the restrictions must be the least intrusive measure necessary to address the threat. Orders must be specific, targeted, and supported by objective material, avoiding blanket bans (!) (!) .

  4. Restrictions on fundamental rights, including freedom of speech, expression, and movement, are permissible only if they meet the criteria of reasonableness, legality, and necessity, and are in accordance with the principles of proportionality. Complete bans or indefinite suspensions are generally impermissible unless justified by exceptional circumstances (!) (!) (!) .

  5. The freedom of the press and the right to communicate are protected under the Constitution. Any restrictions that impact these rights must be carefully balanced against security concerns, and should not produce a chilling effect unless supported by concrete evidence of such harm (!) (!) .

  6. Orders restricting internet access must adhere to procedural safeguards, including transparency, publication of orders, and the opportunity for affected parties to challenge them. Orders should be based on objective facts, properly recorded, and subject to periodic review to ensure they remain proportionate and necessary (!) (!) .

  7. The procedural mechanisms for restrictions, including those under the Suspension Rules, require that orders be issued by authorized authorities, contain reasons, and be communicated properly. Orders must be reviewed regularly, and their duration should not extend beyond what is necessary to address the exigency (!) (!) .

  8. Any restrictions imposed must be consistent with the constitutional mandates of reasonableness and proportionality, and must respect the principles of natural justice, including the right to a fair hearing and the availability of judicial review (!) (!) .

  9. The exercise of powers under laws related to public emergency and public safety must be transparent, with orders made available to the public and affected individuals, to enable effective challenge and oversight. Orders based on secret or privileged information are not valid unless justified (!) (!) .

  10. Overall, restrictions on fundamental rights during emergencies should be temporary, proportionate, and supported by objective material, with continuous oversight to prevent abuse of power and safeguard democratic freedoms (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice related to this document.


JUDGMENT

TABLE OF CONTENTS

Introduction

A

Contentions

B

Issues

C

Production of Orders

D

Fundamental Rights under Part III and restrictions thereof

E

Internet Shutdown

F

Restrictions under Section 144, Cr.P.C

G

Freedom of the Press

H

Conclusion

I

N.V. RAMANA, J.

A. INTRODUCTION

    “It was the best of times, it was the worst of times,

    it was the age of wisdom, it was the age of foolishness,

    it was the epoch of belief, it was the epoch of incredulity,

    it was the season of Light, it was the season of Darkness,

    it was the spring of hope, it was the winter of despair,

    we had everything before us, we had nothing before us,

    we were all going direct to Heaven, we were all going direct the other way

    in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.”

    -Charles Dickens in A Tale of Two Cities

1. Although cherished in our heart as a “Paradise on Earth”, the history of this beautiful land is etched with


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