Supreme Court Urges Transparency in J&K Internet Restrictions
Press Trust of Kashmir
The Supreme Court emphasized the need for transparency regarding internet restrictions in Jammu and Kashmir, stating that review orders should not be hidden away. The bench of Justices B R Gavai and Sanjay Karol directed the J-K administration to publish the review orders related to the restoration of internet services within two weeks.
The court was responding to an application by the Foundation for Media Professionals, seeking the publication of review orders passed by a special committee led by the Union Home secretary on internet restrictions in Jammu and Kashmir. The bench expressed a prima facie view that the review orders must be made public.
The Foundation’s lawyer, Shadan Farasat, argued that while the special committee’s deliberations might have national security considerations, review orders and the mother order on internet restrictions, as per the 2020 verdict in the Anuradha Bhasin case, should be published.
Additional Solicitor General KM Nataraj, representing the J-K administration, stated that compliance with earlier petitions had been ensured, including a contempt petition dismissal. However, the Foundation sought the publication of the committee’s recommendations and deliberations.
Justice Gavai suggested focusing on publishing review orders, stating, “Forget about the deliberations, you only publish review orders. They only want the publication of the review orders.” Nataraj sought two weeks to seek instructions and apprise the court.
The court recorded Nataraj’s submission that perusal of verdicts and orders indicated that deliberations of the special committee need not be published. The top court, on May 11, 2020, had formed a special committee to consider pleas for the restoration of 4G internet services in Jammu and Kashmir, balancing national security and human rights amid the region’s challenges.
In its Anuradha Bhasin versus Union of India verdict on January 10, 2020, the Supreme Court had emphasized the protection of freedom of speech and business on the Internet under the Constitution, directing an immediate review of curb orders by the Jammu and Kashmir administration.
