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indicates the orders which have been passed since 10.01.2020 (post Anuradha Bhasin (supra) judgment): ORDER Home03 (TSTS) of 2020 14.01.2020 Home04 (TSTS) of 2020 18.01.2020 Home05 (TSTS) of 2020 24.01.2020 Home08 (TSTS) of 2020 31.01.2020 IMPLICATION For Kashmir, fixed line connectivity to institutions managing essential services like hospitals, after installation of firewalls and whitelisting. 2G mobile internet to postpaid users to access whitelisted sites in Jammu, Samba, Kathua, Udhampur and Reasi. No social media or VPNs. Number of whitelisted sites: Not mentioned Fixed line connectivity to also be provided to IT/software companies. 2G mobile internet for postpaid users in all districts of Jammu and Kupwara and Bandipora in Kashmir for accessing white listed sites. Prepaid connections will be provided mobile internet only after verification by TSPs as per applicable norms Fixed line connectivity with MAC binding. Access only to whitelisted sites. 2G mobile internet restored in all districts of J&K for postpaid and verified prepaid customers but only whitelisted sites can be accessed. No social media or VPNs Restrictions mentioned in the Order dated 24.01.2020 will continue. Number of whitelisted sites: 329 9

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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

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction, Order, or Motion Denied/Vacated

Keywords

Constitution
Freedom of Expression
Internet Shutdown

Judicial Body: Supreme Court (court of final appeal)

Court Name: Supreme Court of India

Case Number: Writ Petition No. 10875 of 2020

Case Summary: The current petition was filed by Foundation for Media Professionals, a not for profit comprising of journalists to uphold media freedom and promote quality journalism. In its petition, the foundation prayed for the restoration of 4G services in J&K with immediate effect. Apart from raising the challenge on the ground of right to freedom of speech and expression [Article 19(1)(a) of the Constitution], the petition also contended a violation of the right to trade [Article 19(1)(g) of the Constitution] and the right to healthcare [Articles 21 and 21A of the Constitution]. The government, on the other hand, argued that because of the prevailing security situation in J&K and the use of the internet by insurgents and terrorists to spread violence, it is not possible to provide 4G services in the region. The Court did not allow for the restoration of services – nor did it engage with the arguments of the parties in its order. Instead, the Court asked a special committee headed by the Union Home Secretary and comprising of the Secretary of Department of Communications, Government of India and the Chief Secretary of the Union Territory (UT) of Jammu and Kashmir (J&K) to examine the prevailing circumstances in the UT and determine whether the restrictions on internet services should continue.

Case Significance: The decision does not establish a binding or persuasive precedent within its jurisdiction.

Related Law

Constitution of India, 1950

Source URL: Centre for Communication Governance

Primary Documents

10817_2020_33_1502_22029_Judgement_11-May-2020.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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