Q. Consider the following statements with regard to restriction of freedom of speech and expression:
1. Any order passed under Section 144 of the Code of Criminal Procedure cannot remain in force for more than one month.
2. The restrictions imposed under Section 144 are not subject to judicial review.
3. The Information Technology Act, 2000 empowers the district magistrate to suspend internet services in an area.
How many statements given above are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect. Section 144 CrPC empowers a district magistrate to issue orders to prevent and address urgent cases of apprehended danger or nuisance. An order passed under this can remain in force for more than one month. However, any order passed under Section 144 cannot remain in force for more than two months from the date of the order, unless the state government considers it necessary. Even then, the total period cannot extend to more than six months.
Statement 2 is incorrect. The Supreme Court has upheld the constitutionality of Section 144 of the CrPC. However, the court held that the restrictions under sec 144 of the CrPC cannot be used to suppress legitimate expression and are subject to judicial scrutiny.
Statement 3 is incorrect. The Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules under the Telegraph Act, 1985 governs the suspension of Internet. According to these Rules only the Home Secretary of the Union or a state can pass an order to shut down the internet. The order must include the reasons for decision.
