Breaking: Supreme Court refuses to restore 4G internet in UT of J&K, orders central Government and state administration to form a committee headed by MHA Sec.[Read Order]
(Judicial Quest News Network)
Supreme Court today refrained itself from passing any positive directions for the restoration of 4G speed internet services in the UT of J&K.
The Court has directed the Centre to Constitute a high-powered committee to examine the issues. The Committee must be headed by Secretary of the Union Ministry of Home Affairs, and also comprise the Secretary of Communications and Chief Secretary of the Jammu& Kashmir Administration.
The Panel will look into the contentions submitted by petitioners before this Court.
The Court has expressed a need to ensure the balance between national security as well as human rights of the people in the region.
The Bench of Justices NV Ramana, Subhas Reddy and BR Gavi had reserved the orders in the pleas for restoration of 4G services in the valley.
The petitioners contended that speed restriction on the internet in the region amidst the COVID-19 pandemic resulted in disproportionate infringement of the right to access internet. Due to the unprecedented act of speed curbs Doctors were finding it difficult to render online medical service. Online education has also been disrupted due to the speed limits.
Lack of high-speed internet services had dismantled the fundamental rights to access health and education services.
Highlighting the COVID-19 Pandemic scenario in the region senior Advocate Huzefa Ahmadi appearing for Foundation of Media Professionals mentioned that there are 701 cases of COVID-19 and 8 deaths in the region. The more cases are being reported and in such escalations of cases Doctors need High Speed internet connectivity to render their services.
In it’s replies to the petitioners seeking faster internet connectivity, the government had replied stating that the “Right to access internet is not a fundamental right” and “That the right to carry on trade and profession through internet can be curtailed”
Senior Advocate Ahmadi further contended that the students from J&K have to compete with the students from across the nation but could not do so, as “video conferencing was useless for them”
Senior Advocate Salman Khursheed appearing for the petitioners contended that the private schools are under the government directions to provide the education via- video conferencing.
“We have an obligation under right to education to provide education”
However, the J&K Administration insisted that the primary concern is the security of the region for which these restrictions are placed.
Attorney General KK Venugopal said that a faster internet speed like that of 4G would give the enemy information even about the “Troops Movements”
[Read Order]
