J&K Internet Restrictions: ‘Not To Be Kept In Cupboard,’ SC Asks Centre To Publish Review Orders

J&K Internet Restrictions: ‘Not To Be Kept In Cupboard,’ SC Asks Centre To Publish Review Orders

The Supreme Court on Tuesday called upon the necessity of publishing review orders concerning internet services in Jammu and Kashmir, stating that such directives should not remain undisclosed. The top court said, review orders to consider pleas for the restoration of internet services in Jammu and Kashmir are “not meant to be kept in the cupboard” and asked the administration to publish them, as reported by the news agency PTI.

Justices B R Gavai and Sanjay Karol granted Additional Solicitor General KM Nataraj, representing the Jammu and Kashmir administration, two weeks to provide updates and inform the court during the next hearing.

The bench addressed an application filed by the Foundation for Media Professionals, advocating for the publication of review orders issued by a special committee chaired by the Union Home secretary regarding internet restrictions in the region.

The bench ordered, “We are of the prima facie view that it may not be necessary to publish the deliberations (of the committee), but the review orders passed are required to be published. Mr Nataraj seeks two weeks to take instructions in this regard. List after two weeks.”

Advocate Shadan Farasat, representing the Foundation for Media Professionals, argued that according to the 2020 verdict in the Anuradha Bhasin versus Union of India and the Telegraph Act, review orders and the primary order on internet restrictions must be published for transparency.

“Review orders are something to be passed under the Act and 2020 verdict and therefore they must be published. They are saying that the special committee orders do not have to be published. I am not contesting that, there may be national security reasons. But review order and mother order are something which must be published,” he said.

Nataraj highlighted that these issues arose during internet curbs following the abrogation of Article 370 in August 2019. He indicated compliance with previous petitions’ requests and the dismissal of a contempt petition. However, the Foundation for Media Professionals introduced a new plea for the publication of the special committee’s recommendations and deliberations.

Justice Gavai clarified to Nataraj that only the publication of review orders was being sought, not the deliberations. Nataraj expressed willingness to seek instructions and requested two weeks to update the court.

Justice Gavai told Nataraj, “Forget about the deliberations, you only publish review orders. They only want publication of the review orders.”

The Supreme Court’s directives stemmed from its May 11, 2020, order establishing a “special committee” to evaluate requests for the restoration of 4G internet services in Jammu and Kashmir. The court highlighted the need to balance national security and human rights in the region plagued by militancy.

In its January 10, 2020, verdict in the Anuradha Bhasin versus Union of India case, the Supreme Court upheld the freedom of speech and business operations on the Internet, urging the immediate review of Internet restrictions by the Jammu and Kashmir administration.

(With agency inputs)