Bombay
Indian Supreme Court on Monday refused to restore 4G internet in Jammu & Kashmir but ordered the Centre and Jammu and Kashmir administration to form a committee of Secretaries from MHA and J&K UT Admin to take a call after reviewing the ground security situation.
The apex court also said that the high-powered Committee headed by the MHA Secretary should also look into the contentions raised by various petitioners.
‘This court has to ensure that national security and human rights are balanced. We do recognize that UT has plunged into crisis. At the same time court is cognizant to the concerns related to ongoing pandemic and hardships,’ said Justice NV Ramana.
‘Special Committee is directed to examine the contentions made by Petitioners, as well as the appropriateness of their contentions and the alternative remedy,’ said the SC bench and disposed off the plea.
On april 29, the Jammu and Kashmir administration had told the SC that right to access internet is not a fundamental right and the state has got authority to curb the freedom of speech and the right to trade through internet.
The Jammu and Kashmir administration made the claim while opposing restoration of 4G services in the union territory. During the hearing, the Jammu and Kashmir administration had informed the top court that the internet speed has been reduced in the Union Territory to protect the sovereignty, integrity and security of the country.
‘It is submitted that the right to access internet is not a fundamental right and thus the type and breadth of access for exercising the right to freedom of speech and expression under Article 19(1)(a) and/or to carry on any trade or business under Article 19(1)(g) of the Constitution of India through the medium of internet can be curtailed,’ an affidavit filed by the Jammu and Kashmir administration said.
They had contended that 2G internet speed was not enough for access to online education and healthcare services during the COVID-19 lockdown.
The restrictions violated citizens’ Right to Education and the Right to Health, which were part of the Right to Life and Liberty guaranteed under Article 21 of the Constitution, and went against the SC verdict in Anuradha Basin case that provided for safeguards against misuse of powers under the Telecom Rules, they argued. “Although the present orders indicate that they have been passed for a limited period of time, the order does not provide any reasons to reflect that all the districts of the Union Territory of Jammu and Kashmir require the imposition of such restrictions,” the top court noted.
It said the special committee must also examine the appropriateness of the alternatives suggested by the petitioners regarding limiting the restrictions to those areas where it was necessary and the allowing faster internet (3G or 4G) on a trial basis over certain geographical areas and advise the government on the issue in terms of its directions in Bhasin’s case.
Citing a recent encounter in which five security personnel, including a Colonel, were killed in Kashmir, the J&K administration had opposed the petitions, contending restoration of 4G internet services will lead to a further surge in terror activities.
Faster 4G internet speed would give the enemy information even about troop movements, Attorney General KK Venugopal had submitted.
Earlier, in an affidavit filed in response to these petitions, the J&K administration had said reasonable restrictions were unavoidable given peculiar geopolitical situation.—Agencies
