New Delhi (NVI): The Supreme Court today directed the Jammu and Kashmir administration to review all restrictions, including a ban on internet, imposed in the Union Territory after the abolition of Article 370 in August last year.
Hearing a bunch of petitions, the apex court observed that indefinite suspension of internet indefinitely is a violation of telecom rules and right to expression.
The top court directed the administration to restore internet services in all institutions like hospitals and educational centres.
A bench of Justices N V Ramana, R Subhash Reddy and B R Gavai was hearing petitions, including those filed by Congress leader Ghulam Nabi Azad and Kashmir Times Executive Editor Anuradha Bhasin, challenging the restrictions imposed in Jammu and Kashmir.
Justice Ramana, while reading out the judgment said the freedom of internet is a right protected under Article 19(1)(a) and the right to profession and occupation enjoys the protection under Article 19(1)(g).
The bench observed that suspension of internet services indefinitely is impermissible and suspension can be temporary only. Any such order must adhere to principle of proportionality and such orders subject to judicial review, the top court said.
The Supreme Court has directed for the orders of suspension of telecom services and Section 144 orders to be reviewed by concerned authority within seven days and any future orders to be reviewed in a timely manner.
It said that section 144 of CrPC is a remedial and preventive measure and must be subject to test of proportionality and used only if there is a likelihood of violence and danger to public safety.
The petitioners have maintained that the restrictions had thrown life out of gear in the region and affected all sections of people, including farmers and daily wagers. They also questioned the curbs on internet and mobile communication and said this was affecting the lives of people.
The Centre, on the other hand, has justified the restrictions citing national security. It said that these were temporary measures in view of the prevailing situation in the region which was facing the brunt of cross-border terror.
Jammu and Kashmir has been facing a communication lockdown since August 5 last year when its special status, granted under Article 370, was abolished and the state was bifurcated into two Union Territories.
