Jharkhand Bar Association files appeal in High Court against state order banning internet over JSSC exam

Jharkhand Bar Council Chairman Rajendra Krishna moved the High Court on Saturday, challenging the state government’s decision to shut down internet services in the state for around six hours on Saturday and from 8 am to 1.30 pm on Sunday, in light of the competitive examination conducted by the Jharkhand Staff Service Commission (JSSC).

The state Home Department issued an order late Friday night, banning internet services from 8 am to 1:30 pm on Saturday and Sunday to prevent unfair practices during the combined higher level examination conducted by the JSSC.

As the decision drew sharp criticism from the main opposition Bharatiya Janata Party (BJP), which called the decision “impracticable” and “ridiculous”, the Bar Council chairman filed a public interest litigation (PIL) seeking a stay on the government order.

A division bench of Justices Anand Sen and Anubha Rawat Chaudhary refused to stay the matter but directed the state to file a response within four weeks.

“The court did not pass a stay order as the restrictions for Saturday had already passed and Sunday is a public holiday. However, the court observed that while the state is empowered to impose such restrictions, the question still arises whether it can do so for conducting a review. The state has been asked to file a response within four weeks,” Krishna said.

Around 6,40,000 candidates are expected to appear for the exam, which is being conducted at around 823 centres across the state. The exam was cancelled in January this year following allegations of paper leaks. The case is being investigated by a Special Investigation Team (SIT) of the Jharkhand Police, which has already arrested half a dozen accused.

The order issued by Home Minister Vandana Dadel on Friday night banned “access to mobile internet, mobile data and mobile Wi-Fi services of all service providers”. However, the government clarified that “voice calls and broadband connectivity through fixed telephone lines may remain operational during the above-mentioned period”.

Explaining the reason for the ban, the Jharkhand government said, “It has been observed in previous cases that some unscrupulous individuals have resorted to unfair practices by using various mobile applications, such as Facebook, WhatsApp, X (Twitter), Telegram and YouTube, which rely on internet/Wi-Fi connectivity.”

“The Jharkhand government is seeking to eliminate any loophole in the examination process which may create doubts in the minds of the public about the integrity of the recruitment process, which may lead to law and order issues that may impact public safety,” the statement added.

The decision, however, sparked a war of words between the opposition and the ruling party.

In a detailed social media post, Jharkhand BJP president Babulal Marandi demanded the withdrawal of the order. Marandi noted that candidates from other states are also appearing in the JSSC CGL exam and this ban is causing them discomfort.

He argued that the internet has become an inseparable part of daily life, including education, banking, government offices, hospitals and courts, and the move could affect economic activities.

“Hemant ji, why only the internet? You can also ban people from leaving their homes. You can also impose a curfew. You should withdraw this order, which was imposed without any prior notice, just to protect your failures. People are now fully aware that your government is not competent enough to conduct a fair examination,” Marandi said.

However, Congress leader and state rural development minister Irfan Ansari hit back saying the BJP opposed the move to disrupt the exam.

“We know their intentions. Strict orders have been given to the administration as these people can enter the centres and create chaos by making baseless allegations of leaking documents. The internet can be cut off on the arrival of the prime minister, but it cannot be banned for the welfare of the students?” Ansari said.