The Supreme Court on Monday refused to restore 4G internet connectivity in the Union Territory of Jammu and Kashmir. However, the Court ordered the central government and the Jammu and Kashmir administration to form a committee of Secretaries from the Union Ministry of Home Affairs (MHA) and the local administration to take a call after reviewing the ground security situation.
"This court has to ensure that national security and human rights are balanced. We do recognise that the Union Territory has plunged into a crisis. At the same time, the court is cognizant of the concerns related to the ongoing pandemic and hardships," said Justice NV Ramana, while hearing the case at the Supreme Court on this day.
The high-powered committee headed by the MHA Secretary should also look into the contentions raised by various petitioners, ruled the apex court.
“The 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 Supreme Court Bench before disposing of the plea today.
As a bit of background, on April 29, the Jammu and Kashmir administration had told the top court that the right to access the internet is not a fundamental right and that the State retains the authority to curb the freedom of speech and the right to trade through the internet.
The Jammu and Kashmir administration made the claim while opposing the restoration of 4G services in the Union Territory. During the hearing, the administration had informed the Supreme 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 the 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 the internet can be curtailed," an affidavit filed by the Jammu and Kashmir administration said.
