SC tells panel to decide on J&K 4G restoration
The Supreme Court on Monday tasked a high-level committee of civil servants with deciding on the restoration of 4G mobile internet in the Union territory of Jammu and Kashmir (J&K), responding to a petition that argued the absence of highspeed connectivity had hindered access to latest information and advisories on Covid-19 pandemic.
The committee, which will comprise the secretary of the ministry of home affairs, secretary of the ministry of communications and the chief secretary of J&K, was directed to examine the arguments made by the petitioner, Foundation for Media Professionals, which had cited the detrimental effect of restrictions on mobile internet during the pandemic.
“The Special Committee is directed to examine the contentions of, and the material placed by the petitioners as well as the respondents. The aforesaid Committee must also examine the appropriateness of the alternatives suggested by the petitioners, regarding limiting the restrictions to those areas where it is necessary and the allowing of faster internet (3G or 4G) on a trial basis over certain geographical areas,” the bench headed by justice NV Ramana said.
The petitioner had approached the top court challenging an order issued by the J&K administration on March 26 restricting the internet data to 2G and called for 4G services to be restored.
It claimed patients, doctors, and general public of J&K were unable to access the latest information, guidelines, advisories and restrictions related to Covid. “Severe restrictions on the speed of mobile internet services directly limits the right of the public to know the latest information about the spread of Covid-19, the measures being taken to address it, and the restrictions imposed on the general public,” the petition said.
The apex court bench, which also comprised justices R Subhash Reddy and BR Gavai, observed that while the court was aware of the difficulties faced by the citizens because of the restrictions, the court will have to balance the rights of citizens with considerations of national security cited by the government.
“We have already laid down that the fundamental rights of citizens need to be balanced with national security concerns, when the situation so demands.”
The court thus acknowledged that the restrictive orders do not provide any reasons warranting such restrictions in all the districts while making it clear that the militancy in J&K cannot be disregarded.
Advocate Vrinda Grover said: “In today’s judgment, the Supreme Court has foregrounded the issue of balancing human rights against the interest of national security.”