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Foundation For Media ... vs Union Territory Of Jammu And ... on 11 May, 2020 24.01.2020 2G mobile internet restored in all districts of J&K for postpaid and verified prepaid customers but only whitelisted sites can be accessed. Home−08 (TSTS) of 2020 31.01.2020 No social media or VPNs Restrictions mentioned in the Order dated 24.01.2020 will continue. Number of whitelisted sites: 329 Home− 09 (TSTS) of 2020 07.02.2020 Home−13 (TSTS) of 2020 15.02.2020 Restrictions mentioned 31.01.2020 will continue. in Order dated Number of whitelisted sites: 481 Fixed Line connectivity with MAC binding. Access only to whitelisted sites. 2G mobile internet for postpaid and verified prepaid customers but only whitelisted sites can be accessed. No social media or VPNs. Home−16 (TSTS) of 2020 24.02.2020 Home−17 (TSTS) of 2020 04.03.2020 Restrictions in Order dated 15.02.2020 will continue to apply. Number of whitelisted sites: 1674 2G mobile internet for postpaid and verified prepaid customers and access allowed to all websites. Fixed line connectivity with MAC binding to access all sites. Home−20 (TSTS) of 2020 17.03.2020 Home−21 (TSTS) of 2020 26.03.2020 Restrictions in Order dated 04.03.2020 will continue to apply. 2G mobile internet for postpaid & verified prepaid customers to access all websites. Fixed line connectivity with MAC binding to access all sites Home−22 (TSTS) of Restrictions in Order dated 26.03.2020 will 2020 continue to apply. 03.04.2020 Home−28 (TSTS) of 2020 15.04.2020 2G mobile internet for postpaid customers & verified prepaid customers to access all websites. Indian Kanoon - http://indiankanoon.org/doc/123992151/ 5

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Foundation for Media Professionals v. Union Territory of Jammu and Kashmir

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: May 11, 2020

Case Status: Closed

Keywords

Internet Shutdown
National Security

Judicial Body: Supreme Court (court of final appeal)

Court Name: Supreme Court of India

Case Number: WP (C) Diary No. 10817 of 2020

Case Summary: The Supreme Court of India ordered the constitution of a Special Committee to review the restriction of internet mobile service to 2G in the Union Territory of Jammu and Kashmir. The petitions were brought by the Foundation for Media Professionals, a lawyer, Soayib Qureshi and the Private Schools Association of Jammu and Kashmir, seeking the restoration of 4G internet in the region following the communication blackout imposed by the central government in August 2019. The Court recognised that the rights to freedom of speech and expression, health, education and business must be balanced against the prevailing national security concerns. Applying the minimum standards for internet restrictions set out in Anuradha Bhasin v. Union of India, WP (C) No. 1031/2019, the Court held that the impugned order did not “provide any reasons” for the blanket enforcement of the shutdown across all districts. However, while the petition would “merit consideration” in “normal circumstances”, the particular “compelling circumstances of cross border terrorism” prevented the Court from finding a constitutional violation. [para. 19] Rather, the Court directed the constitution of a Special Committee, led by the Indian Home Secretary, to evaluate the necessity of the internet restriction in Jammu and Kashmir.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Global Freedom of Expression

Collection

Columbia

Primary Documents

kashmir.PDF
English
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CYRILLA: Global Digital Rights Law

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Foundation for Media Professionals v. Union Territory of Jammu and Kashmir

Primary Documents

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