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Foundation of Media Professionals v. Union Territory of J&K (for the restoration of 4G services in Jammu and Kashmir)

Case Law

Country

India

Country Location

Latitud: 23.078537445745496

Longitud: 78.60363571015989

Country Location (vinculado Case Law): India

Decision Date: 11 may 2020

Case Status: Cerrado

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction or Order Denied/Vacated

Keywords

Constitution
Freedom of Expression
Internet Shutdown

Judicial Body: Corte Suprema [corte de última instancia/casación]

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 Name and URL: Centre for Communication Governance

Documentos primarios

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 of Media Professionals v. Union Territory of J&K (for the restoration of 4G services in Jammu and Kashmir)

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