civil services chronicle Published this article page no 24 The resolution reaffirmed that the same rights people have offline must also be protected online. Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules 2017 (Suspension Rules) These Rules were framed by ministry of communications and derive their powers from Section 5(2) of the Indian Telegraph Act which talks about interception of messages in the interests of the sovereignty and integrity of India. It empowers the government to block transmission of messages in case of a public emergency or for public safety in any part of the country. Any order suspending internet under the Rules can be only for a temporary duration and not for an indefinite period. Directions to suspend the telecom services shall not be issued except by Home Secretary of the country and a secretary of a states home department and that order should be taken up by a review committee within five days. On Section 144 of CrPC The power under Section 144 cannot be used to suppress legitimate expression of opinion or grievance or exercise of any democratic rights When Sec 144 is imposed for reasons of apprehended danger that danger must be an emergency. The imposition of Sec 144 must strike a balance between the rights of the individual and the concerns of the state. Powers under Sec 144 should be exercised in a reasonable and bona fide manner and the order must state material facts in order to enable judicial review. Understanding the issues in depth Internet shutdowns India tops the list of Internet shutdowns globally. According to Software Freedom Law Centers tracker there have been 381 shutdowns since 2012 106 of which were in 2019 civil services chronicle buy.
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