Foundation For Media ... vs Union Territory Of Jammu And ... on 11 May, 2020
10. Before parting with the submissions of the parties, it may be stated that Respondent No. 1
submitted an additional note dated May 06, 2020, after the hearing of the matter was concluded,
wherein recent terrorist activities in the region, and the interest shown by the Pakistani military
regarding the political developments in Kashmir, were highlighted. Petitioners in W.P. (C) D. No.
10817 of 2020 and W.P. (C) D. No. 10875 of 2020 filed responses to the same on May 07, 2020 and
May 06, 2020 respectively. Although the Petitioners have objected to the note filed by the
Respondent No. 1, taking into consideration the far−reaching consequences of the issues involved
herein, we have considered the submissions of both parties.
11. Heard both the parties, and perused the documents placed before us.
12. At the outset, we have already laid down that the fundamental rights of citizens need to be
balanced with national security concerns, when the situation so demands. This Court is cognizant of
the importance of these matters for the national security concerns, and takes the same with utmost
seriousness to ensure that citizens enjoy life and liberty to the greatest possible extent. National
security concerns and human rights must be reasonably and defensibly adjusted with one another,
in line with the constitutional principles. There is no doubt that the present situation calls for a
delicate balancing, looking to the peculiar circumstances prevailing in the Union Territory of
Jammu and Kashmir. Before considering the relief sought by the Petitioners, it is necessary to look
at the steps taken by Respondent No. 1 after the pronouncement of the earlier judgment of this
Court in Anuradha Bhasin (supra). For, convenience, the table below indicates the orders which
have been passed since 10.01.2020 (post Anuradha Bhasin (supra) judgment):
ORDER
Home−03 (TSTS) of
2020
14.01.2020
IMPLICATION
For Kashmir, fixed line connectivity to
institutions managing essential services like
hospitals, after installation of firewalls and
whitelisting.
2G mobile internet to post−paid users to access whitelisted sites in Jammu, Samba, Kathua,
Udhampur and Reasi.
No social media or VPNs.
Number of whitelisted sites: Not mentioned Home−04 (TSTS) of Fixed line connectivity to also be
provided to 2020 IT/software companies.
18.01.2020 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 Home−05 (TSTS) of Fixed line connectivity with MAC binding.
2020 Access only to whitelisted sites.
Indian Kanoon - http://indiankanoon.org/doc/123992151/
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