SC Refuses To Order Restoration Of 4G Internet Services In J&K

The Supreme Court on Monday, 11 May, directed the setting up of a specialcommittee to examine the contentions made by the petitioners seeking therestoration of 4G internet services in Jammu and Kashmir, "look into theprevailing circumstances and immediately determine the necessity of thecontinuation of the restrictions".

The committee will be headed by the secretaries from the Centre's HomeMinistry and Ministry of Communications, as well as the chief secretary ofJammu and Kashmir. The Home Secretary is to head it.

The apex court's order notes that while it "might be desirable and convenient to have better internet in the present circumstances, wherein there is a worldwide pandemic and a national lockdown", the fact that "outside forces are trying to infiltrate the borders and destabilize the integrity of the nation, as well as cause incidents resulting in the death of innocent citizens and security forces every day cannot be ignored."

The Centre and thegovernment of J&K had submitted to the court that since 5 August 2019, whenArticle 370 was abrogated, around 108 terror-related incidents had taken placein the Union Territory, with 30 civilian deaths and 114 civilian injuries, andthe deaths and injuries of 20 and 54 (respectively) security personnel.

The judges held that this had been considered by the court, as did the fact that militancy had increased even further in recent times, with the J&K government submitting details of encounters and terrorist attacks in Kashmir from 26 April onwards, including the Hadnwara attack.

The judges also pointedto material from the J&K government that indicated 'cyber terrorism' is onthe rise in the Valley, and that the Pakistan Military's Green Book 2020 callsfor information warfare relating to the region, following the abrogation ofArticle 370.

However, at the sametime, the judges noted that the orders restricting mobile internet speed to 2Gin J&K are blanket orders, and do not "provide any reasons to reflect thatall the districts of the Union Territory of Jammu and Kashmir require theimposition of such restrictions."

In view of the Supreme Court's decision in the Anuradha Bhasin judgment in January on internet restrictions in J&K, the judges held that "the authorities are required to pass orders with respect to only those areas where there is the absolute necessity of such restrictions to be imposed, after satisfying the directions passed earlier."