SC Declines To Restore 4G Internet Services In Jammu And Kashmir

On the 11th of May, the Supreme Court reviewed a petition filed for the restoration of 4G internet services in Jammu and Kashmir.

The SC declined the petition to restore 4G internet services in the newly announced Union Territory (UT) and asked the Central Government to set up a committee to examine the situation.  

The High powered committee headed by the Home Secretary of India would examine the situation and reasons to continue restrictions like 4G internet services in Jammu and Kashmir.

The bench of SC judges, comprising of Justice N.V. Ramana, Justice R. Subhash Reddy and Justice B.R. Gavai said it is appropriate to constitute a special committee comprising secretaries at national and state levels. 

The Secretary to the Ministry of Home Affairs, Secretary to the Union Communications Department and the Chief Secretary of the Union Territory (UT) of Jammu and Kashmir would examine the circumstances and determine the necessary restrictions in the UT.

On the 5th of August, 2019, Amit Shah, the Union Home Minister, abolished Article 370 providing special status to Jammu and Kashmir and announced it to be a UT of India.

While the Central Government submitted high security issues as a reason for the imposed restrictions, curfew and suspended 4G internet, the petitioners demanded 4G internet.

The petitioners, comprising of advocates, media persons and activists said during a pandemic crises such as the Novel Coronavirus or COVID-19, restrictions imposed on 4G internet access impacts the right to health, right to education, right to business and right to freedom of speech and expression of the citizens of Jammu and Kashmir.

Jammu and Kashmir faced a ban on 4G internet services for almost 254 days, nearly 8 months.

The ban on the 4G internet was imposed on the 5th of August, 2019.  They have access to 2G internet services in the UT.

The SC bench said, “The aforesaid Committee must also examine the appropriateness of the alternatives suggested by the petitioners, regarding limiting the restrictions to those areas where it is necessary and the allowing of faster internet (3G or 4G) on a trial basis over certain geographical areas …”

The bench also said,  “Although the present orders (concerning the restrictions in the UT) 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.”

However, the Supreme Court said the militancy activities in Jammu and Kashmir and the situation after the abrogation of Article 370, need to be considered for the restrictions imposed.

Meanwhile, Jammu and Kashmir reported a total of 861 cases of the Novel Coronavirus with 9 fatalities till the 11th of May.

Stay tuned for further updates.