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
5