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2022 Supreme(Cal) 108

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
ASHLESH BIRADAR – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared
For the Appellants : Mr. Ranjan Bachawat, Mr. Manoj Tiwari, Mr. Sarosij Dasgupta, Ms. Vrinnda Bhandari, Mr. Shwetank Ginodia, Mr. Tanmay Singh, Mr. Abhinav Sekhri, Mr. Satyaki Mukherjee.
For the Respondents: Mr. S.N. Mookherjee, Mr. Samrat Sen, Mr. Anirban Ray, Mr. Debashis Ghosh, Mr. Nilotpal Chatterjee.

ORDER :

1. This public interest petition challenges the order dated 03rd of March, 2022 issued by the Additional Chief Secretary, Home & Hill Affairs Department, Government of West Bengal temporarily suspending the internet service in data related message or class of messages to or from any person or class of persons relating to any particular subject, brought for transmission by or transmitted or received by any telegraph within the ambit of the India Telegraph Act, 1885 within the specified blocks/police stations. The order has been made effective from 11 A.M. to 3:15 P.M. on the specified date. The order is applicable to various blocks/areas of as many as seven districts of the State of West Bengal.

2. Challenging the above order learned Counsel for the petitioner has submitted that on account of this order bank to bank payments, online clearance and other business activities through internet and even online teaching classes are affected and that though no clear reason has been mentioned in the order but apparently the impugned order has been issued to control cheating in the Madhyamik Examination, therefore, it does not satisfy the test of proportionality. He has further submitte

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