Internet restrictions in J&K: Review orders not meant to be kept in cupboard, says SC

In January 2020, the Supreme Court on a plea by journalist Anuradha Basin had ordered a review of the restrictions placed in J&K in the wake of abrogation of Article 370 of the Constitution on August 5, 2019.

Subsequently, on a plea by the NGO, the court had in May 2020 directed the J&K administration to constitute a special committee headed by the Union Home Secretary to “immediately determine the necessity of the continuation of” limiting mobile internet to 2G speed in the region… and allowing faster internet (3G or 4G) on a trial basis in certain geographical areas…”.

On Tuesday, advocate Shadan Farasat, appearing for the Foundation for Media Professionals, submitted that as per the Anuradha Bhasin judgment and the Indian Telegraph Act, the administration is required to publish the review orders and the mother order on internet restrictions in the UT.

Additional Solicitor General K M Nataraj, appearing for the J&K administration, said, “We have complied with all the prayers made in earlier petitions. A contempt petition was also filed and was dismissed. Now, they have come up with a new prayer for publication of recommendations and deliberations of the special committee.”

But the bench said, “It may not be necessary to publish the deliberations (of the committee), but the review orders passed are required to be published.”

“Review orders are not meant to be kept in the cupboard,” the bench said, and gave the ASG two weeks’ time to take instructions.