15. However, the authorities in the Union Territories of Jammu and
Kashmir have selected the 2G speed to restrict the flow of
information in order to prevent misuse of data by terrorists and
their supporters to disturb the peace and tranquility of the Union
Territory of Jammu and Kashmir.
16. In any case, we may note that the common thread in the impugned
orders is that they have been passed for the entire Union Territory
of Jammu and Kashmir. In this regard, our observations in the
Anuradha Bhasin (supra) may be of some relevance:
“The degree of restriction and the scope of the
same, both territorially and temporally, must
stand in relation to what is actually necessary
to combat an emergent situation.”
Although the present orders indicate that they have been passed
for a limited period of time, the order does not provide any reasons
to reflect that all the districts of the Union Territory of Jammu and
Kashmir require the imposition of such restrictions. At the same
time, we do recognize that the Union Territory of Jammu and
Kashmir has been plagued with militancy, which is required to be
taken into consideration. These competing considerations needs to
calibrated in terms of our judgment in Anuradha Bhasin (supra).
14
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