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Legal: Vivek Narayan Sharma v. Union of India

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Priyal Singh, Mumbai Uncensored, 9th March, 2023:

[1]Vivek Narayan Sharma v. Union of India is a landmark case that examines the question of whether or not the right to access the internet is included in the freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian Constitution.

FACTS:

 The petitioner, Vivek Narayan Sharma, filed a Public Interest Litigation (PIL) seeking to declare the Right to access the internet as a fundamental right under [2]Article 19(1)(a) and Article 21 of the Indian Constitution. The petitioner argued that the internet is an indispensable medium for exercising one’s constitutionally protected rights to freedom of speech and expression as well as the right to be informed.

LEADING ARGUMENTS/CONTENTIONS FROM BOTH SIDES:

The petitioner argued that the right to access the internet is an integral part of the fundamental right to freedom of speech and expression and that government restrictions on access to the internet violate this right. The petitioner also argued that the government should not restrict access to the internet. Additionally, he argued that the internet is an important medium for the provision of essential services such as education, healthcare, and others.

The government of India argued that the right to access the internet is not a fundamental right guaranteed by the Constitution of India, and that restrictions on internet access are required to maintain public order and ensure national security.

CASES BOTH PARTIES RELIED UPON:

The petitioner relied on several cases, including the [3]Puttaswamy judgement, which recognised the right to privacy as a fundamental right, and the [4]Shreya Singhal case, which struck down [5]Section 66A of the Information Technology Act, which criminalised certain online speech.

The government relied on the case of Secretary, [6]Ministry of Information & Broadcasting v. Cricket Association of Bengal, which determined that the right to broadcast was not a fundamental right. The [7]Anuradha Bhasin case dealt with restrictions on access to the internet in Jammu and Kashmir.

QUESTION OF LAW INVOLVED:

The main question in this case was whether the Right to Freedom of Speech and Expression under Article 19(1)(a) of the Indian Constitution includes the right to access the internet.

GROUNDS AND OPERATIVE PORTION IN THE JUDGEMENT/CONCLUSION :

The Indian Supreme Court has decided that the right to access the internet falls under the purview of Article 19(1)(a) of the Indian Constitution, which guarantees citizens the right to freedom of speech and expression. The court also stated that any restriction on access to the internet must be in accordance with the law and the procedure that is established by the law, and it must be necessary for the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. The court went on to direct the government to publish rules and regulations for exercising the power to temporarily suspend internet services and held that any order passed to suspend internet services must be written and should be open to judicial review. In addition, the court held that any order passed to temporarily suspend internet services must be open to judicial review.

BIBLIOGRAPHY:

• Anuradha Bhasin v. Union of India, (2020) 3 SCC 637,

Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1,

Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal, (1995) 2 SCC 161,

Shreya Singhal v. Union of India, (2015) 5 SCC 1, • Vivek Narayan Sharma v. Union of India, (2021) 7 SCC 1


[1] Vivek Narayan Sharma v. Union of India, (2019) 264 DLT 389 (ILR).

[2] Constitution of India, art. 19(1)(a), art. 21,.

[3] Shreya Singhal v. Union of India, (2015) 5 SCC 1,.

[4] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1,.

[5] Information Technology Act, 2000, § 66A, No. 21, Acts of Parliament, 2000 (India).

[6] Ministry of Information & Broadcasting v. Cricket Association of Bengal, (1995) 2 SCC 161,.

[7] Anuradha Bhasin v. Union of India is (2020) 3 SCC 637

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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