Foundation For Media ... vs Union Territory Of Jammu And ... on 11 May, 2020
no Review Committee has been constituted by the Respondent No. 1. Further, the blanket orders
passed by Respondent No. 1, indicates non− application of mind. Lastly, Respondent No. 1 has failed
to provide any rational nexus between the restriction of the internet speed and national security.
The Petitioners submitted that since the introduction of internet in the Union Territory of Jammu
and Kashmir, the number of incidents relating to terrorism in the region have actually reduced.
Lastly, the Petitioners pleaded in the alternative that if the Respondents apprehend the misuse of
data services, then they could consider restricting the internet only in certain problematic areas or
providing 3G/4G internet to certain regions on a trial basis.
7. The learned Attorney General preliminarily contended that Courts should not step into issues of
national security which are best left to those in charge of policy making [refer to Zamora, (1916) 2
AC 77 (PC)]. Further, the learned Attorney General relying on some judicial pronouncements
submitted that the claims of fundamental rights have to be examined against the larger public
interest of protecting the security of the State, wherein, while balancing the aforesaid conflicting
rights, the security of the nation should triumph against the fundamental rights of the citizens.
Moreover, in the prevailing circumstances wherein there is continuing insurgency in the region, the
spreading of fake news to incite violence, etc., it would not be possible to provide full internet
services to the region.
8. Learned Solicitor General vehemently opposed the petitions and argued that the authorities have
strictly complied with the directions passed by this Court on the previous occasion, and that the
relevant authorities are cognizant of not only the changing circumstances but also the ground
realities. The information regarding COVID−19 available on various social media platforms,
government websites, applications developed by Respondent No. 2 for disseminating information
can be easily downloaded over the 2G internet. Moreover, no restrictions exist over fixed line
internet. Advisories and documents relating to COVID−19 have already been accessed by over 1 lakh
health professionals in the Union Territory of Jammu and Kashmir through fixed line internet.
Further, to ensure effective access to right to health, the Respondent No. 2 is broadcasting
information through various radio channels and through satellite TV and local cable networks. 1.6
lakh pamphlets and 90,000 posters in English, Urdu and Hindi are being disseminated to the
public. Wide publicity is also being given to various helpline numbers which have been established
for COVID− 19 related queries through print and electronic media. With respect to the right to
education of the students of Jammu and Kashmir, lessons are being delivered on 16 DD channels at
a national level, and through the radio. The department has also undertaken the distribution and
delivery of textbooks, upto elementary level, to the eligible students at their homes.
9. The learned Solicitor General also highlighted the fact that over 108 terrorist incidents have taken
place in the recent past, between August 05, 2019 to April 25, 2020 in the Union Territory of
Jammu and Kashmir. In view of the aforesaid fact, the learned Solicitor General submitted that the
current situation in the Union Territory of Jammu and Kashmir is very grave and volatile, even
referring to the recent terrorist activity in Kupwara District. The learned Solicitor General therefore
submitted that the authorities have calibrated the restrictions based on the requirement so as to
reduce the misuse of internet and that the measures adopted by the authorities are reasonable. He
therefore prayed that the present petitions ought to be dismissed.
Indian Kanoon - http://indiankanoon.org/doc/123992151/
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