[ By Bobby Anthony ]The Supreme Court has ordered the Jammu & Kashmir administration to review all restrictive orders within a week.Reading out the judgment in response to a plea filed by Ghulam Nabi Azad, Justice N V Ramana ordered the internet to be restored for all “essential services” across the Valley.Justice Ramana stated that the importance of the internet cannot be underestimated...
The Supreme Court has ordered the Jammu & Kashmir administration to review all restrictive orders within a week.
Reading out the judgment in response to a plea filed by Ghulam Nabi Azad, Justice N V Ramana ordered the internet to be restored for all “essential services” across the Valley.
Justice Ramana stated that the importance of the internet cannot be underestimated and the internet as a tool should be distinguished from the Freedom of Expression through the internet.
He stated that the internet is a major means of information and therefore the Freedom of Expression through the internet is part of Article 19(1)(a) and restrictions on it should be in accordance with restrictions to this right.
This judgment was delivered by a bench comprising Justice N V Ramana, Justice R Subhash Reddy, and Justice B R Gavai after reserving the same on November 27, 2019.
The Supreme Court has held that internet shutdowns cannot be ordered to suppress speech unless there is incitement to violence or similar reasons. “Reasonableness of Section 144 orders must be assessed based on territorial reach, nature of restrictions and time period,” the court stated.
The Supreme Court has ordered all restrictive orders in J&K to be placed in public domain so that these can be challenged in the Jammu and Kashmir High Court, Supreme Court, or other courts of law, the court stated.
The Supreme Court has ordered that central government to publish all orders issued under Section 144 imposing restrictions, including curbing of the internet. The Supreme Court also ordered that the suspension of the internet should be reviewed forthwith and that such suspension can be only “for a limited time period”.
Any order that has been passed to restrict or suspend internet services will be subject to judicial scrutiny, Justice Ramana stated, adding that “The test of proportionality needs to be satisfied. This freedom can only be restricted after relevant factors are considered and only if there are no other options”.
The Supreme Court also said that magistrates, while passing prohibitory orders, should apply their minds and follow the doctrine of proportionality. It is also subject to judicial review, Justice Ramana stated while reading the judgment.
“Disagreement does not justify destabilization. The power under Section 144 of Criminal Procedure Code cannot be used as a curb on the legitimate expression of democratic rights. No doubt that the freedom of the press is a right is a part of right under 19(1)(a) and is required in every modern democracy,” Justice Ramana stated, as he read out the judgment.