Be prepared for another round of random blocks on the internets

  • Thread starter Thread starter Sushubh
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A proactive bench would have admitted this as a PIL. But most judges do not wish to have a confrontation with the legislature unless the issue is very serious - like an ultra vires amedment of the constitution etc
 
A PIL is usually filed by a third party when the victim is not in a position to move the court - like girls in a shelter house etc. Here the affected parties seem to be capable enough of approaching the court, but they have apparantly not taken recourse to law. So for a conservative bench, it will be difficult to admit this PIL. I mean if Kanchan Gupta or Airtel or Twitter aren't interested, why would the court allow a third party to initiate legal proceedings on their behalf?A proactive bench on the other hand could have read a fundamental right into it. E.g. the court could have said that right to life includes right to access legitimate information and any arbitrary curtailment of it is a violation of fundamental rights. Thus Chromaniac's right to access legitimate content on Al Jazeera's website is a part of his right to life and can not be arbitrarily violated. :smile:
 
:D what about consumer court? are they powerful enough to overturn this particular judgement by the government?
 
I don't think consumer courts could have over-turned government's order. But then I am not 100% sure either.
 
right. i can only take on the isp and not the government in consumer courts. and the company would most likely not bother to come to the court. court would award me the monetary damages (probably). and nothing else would change. right?
 
You will file a case in the consumer court. The court will issue a summon to the ISP. The ISP will direct its pet advocate who sits at the Consumer Court to look into the matter. Their representaitve will tell the court that were only acting on government's directive issued to protect public order. The court will make a few random obervations about how the ISPs should give more detailed explanation to the consumer and depending on the judge's mood either dismiss the case or award you a paltry compensation.
 
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