J&K Internet Curbs, All Restrictions To Be Reviewed In A Week: Top Court

New Delhi:

Bringing massive relief to the people of Kashmir after months of communication and internet lockdown, the Supreme Court today said an indefinite internet shutdown is abuse of power and ordered the Jammu and Kashmir administration to review within one week all restrictive orders in place since the government ended special status to the former state in August.

“Suspension of free movement, Internet and basic freedoms cannot be an arbitrary exercise of power,” said the Supreme Court, asserting that “mere expression of dissent or disagreement against a government decision cannot be reason for Internet suspension.”Suspending internet should be reviewed forthwith. Such suspension can only be for a limited time period and is subject to judicial review,” the Supreme Court said on petitions challenging the restrictions in Jammu and Kashmir.

All restrictive orders in Jammu and Kashmir over the past five months following the scrapping of Article 370 are to be made public so they can be challenged legally, the court said. As part of the sweeping curbs in movement and communication, several political leaders including three former chief ministers have been in detention in Kashmir since August 5.”Freedom of speech and expression includes the right to internet within Article 19,” said a three-judge bench, asking the government to consider restoring government websites and e-facilities where internet abuse is minimal. A complete ban on internet must be considered by the state only as an extraordinary measure, said the court.

Justice NV Ramanna, who read out the judgement, began by quoting the famous beginning from Charles Dickens’ A Tale of Two Cities: “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness…”The test of proportionality needs to be satisfied in such restrictions, he said. “This freedom can only be restricted after relevant factors are considered and only if there are no other options,” the judge said.

The court criticized the repeated use of Section 144, a colonial-era rule to ban large gatherings, in the former state that was bifurcated into two union territories as part of the government’s decision to scrap Article 370. “It can’t be used as a tool to oppress difference of opinion,” the judges said.”Our limited concern is to find a balance regarding security and liberty of people. We only here to ensure citizens are provided their rights. We will not delve into the political intent behind the orders given,” said Justice Ramana.

The three-judge bench included Justice R Subhash Reddy and Justice BR Gavai.The centre had justified restrictions imposed in Jammu and Kashmir after the provisions of Article 370 were removed and said that due to the preventive steps taken, neither a single life was lost nor a single bullet was fired. Besides Congress leader Ghulam Nabi Azad, the top court had heard the petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and others questioning restrictions in Kashmir.