
SC Directs Publication of Review Orders on Internet Services in JK
SC Directs Publication of Review Orders on Internet Services in JK
The Supreme Court, on Friday, issued a directive to the Jammu and Kashmir administration, urging the publication of review orders by the special committee under the Union Home Secretary regarding the restoration of internet services in the Union Territory. The court emphasized that the review process should not be a mere formality and expressed the view that orders resulting from the review should be made public.
Review Orders Must Be Published, Asserts Supreme Court
A three-judge bench, comprising Justices B R Gavai, J B Pardiwala, and Sandeep Mehta, asserted that while the committee’s deliberations won’t be disclosed, the publication of orders is essential. Solicitor General Tushar Mehta, representing the J-K administration, acknowledged that the review order is an internal mechanism but stated there’s no impediment to its publication.
J-K Administration Faces Criticism for Non-Disclosure
Advocate Shadan Farasat, representing the petitioner Foundation for Media Professionals, criticized the J-K administration for not publishing review orders, pointing out that other states, including Arunachal Pradesh, Assam, Bihar, and Meghalaya, have adhered to the practice. Farasat argued that the failure to publish these orders contradicts the law and goes against the Supreme Court’s directive in the Anuradha Bhasin case and the Telecom Suspension Rules.
Internet Restrictions and Legal Mandates in Jammu and Kashmir
The Union government initiated tightened internet restrictions in J-K in 2019 following the abrogation of Article 370. Journalist Anuradha Bhasin approached the Supreme Court in 2020 seeking a review of the restrictions. The top court, in May 2020, had mandated the formation of a special committee to assess the necessity of internet restrictions in the region, emphasizing the need to balance national security and human rights.
The court highlighted the importance of not keeping review orders in the cupboard and urged the administration to publish them. In January 2020, the Supreme Court had affirmed the protection of freedom of speech and internet-related business under the Constitution, instructing the Jammu and Kashmir administration to promptly review the imposed restrictions in light of the COVID-19 pandemic and national lockdown.
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