[ad_1]
Tribune News Service
New Delhi, May 11
The Supreme Court on Monday refused to order the restoration of 4G mobile Internet services in Jammu and Kashmir, but established a special committee, led by the Union’s Home Secretary, to take up a call on the matter after considering the safety situation on the ground.
In addition to the Union Secretary of the Interior, the secretary of the Telecommunications Department and the chief secretary of J&K will be part of the panel, ordered a bank of three judges headed by Justice NV Ramana.
“… since the problems involved affect the State and the nation, the Review Committee (under the Telecommunications Rules), consisting of only state-level officials, may not be in a position to satisfactorily address all of the issues raised” , he said justifying the creation of the special committee.
“We recognize that the territory of the Union of Jammu and Kashmir has been plagued by militancy, which must be taken into account. These competing considerations must be calibrated in terms of our judgment (about the J&K closure) in Anuradha Bhasin (case), “said the Bank, which had reserved its judgment on May 4.
The Bench said: “It should be noted that the authorities have been taking steps to ease Internet restrictions in light of the prevailing circumstances.”
Internet speed has been restricted in Jammu and Kashmir for several months. The last order was issued on April 27, extending the restrictions until May 11.
Three petitioners, including the Foundation for Media Professionals and the Jammu and Kashmir Private Schools Association, had contested orders restricting Internet speed.
They claimed that 2G internet speed was not sufficient to access online education and healthcare services during the COVID-19 blockade.
The restrictions violated citizens’ right to education and the right to health, which were part of the right to life and liberty guaranteed by article 21 of the Constitution, and were against SC’s verdict in the case of the Anuradha basin that provided safeguards against misuse of powers. under the Telecommunications Rules, they argued.
“Although the current orders indicate that they have been approved for a limited period of time, the order provides no reason to reflect that all districts of the Union Territory of Jammu and Kashmir require the imposition of such restrictions,” said the high court. celebrated.
He said that the special committee should also examine the suitability of the alternatives suggested by the petitioners with respect to limiting the restrictions to those areas where it was necessary and allowing a faster internet (3G or 4G) as a test over certain geographic areas and advising to the government on the matter in terms of its instructions in the Bhasin case.
Citing a recent meeting in which five members of the security staff, including a colonel, were killed in Kashmir, the J&K administration had opposed the requests, alleging that the restoration of 4G Internet services will lead to a further increase in terrorist activities.
A faster 4G internet speed would give the enemy information even about troop movements, Attorney General KK Venugopal had submitted.
Previously, in an affidavit filed in response to these requests, the J&K administration had said that reasonable restrictions were inevitable given the peculiar geopolitical situation.
By asserting that the right to access the Internet was not a fundamental right, the UT administration stated that it could be reduced in the interest of India’s “sovereignty”, “security” and “integrity”.
[ad_2]
