J&K to remain without 4G Internet for now

NEW DELHI — Without any immediate relief from the Supreme Court of India, the residents in Jammu and Kashmir will have to remain without 4G mobile Internet access amid the Coronavirus pandemic.

The Supreme Court today refused to issue directions for immediate restoration of 4G Internet in the UT. However, the apex court ordered setting up of a high-powered committee headed by MHA Secretary to consider pleas seeking restoration of 4G internet services in erstwhile State.

A bench comprising Justices N V Ramana, Justices R Subhash Reddy and B R Gavai said the committee would also include the Chief Secretary of the UT and the Secretary of Ministry of Communications to look into the demands by petitioners, seeking restoration of 4G internet speed there.

Pronouncing the verdict on a batch of pleas filed by Foundation for Media Professionals, Soayib Qureshi and Private Schools Association of Jammu and Kashmir, the bench said it needed to ensure balance of national security and human rights.

The bench read out the operative portion of the order as follows:

This court has to ensure national security and human rights are balanced. We do recognize that UT has plunged into crisis. At the same time court is cognizant to the concerns related to ongoing pandemic and hardships.

It may be noted that in the earlier judgment of Anuradha Bhasin, this Court had directed that, under the usual course, every order passed under Rule 2(2) of the Telecom Suspension Rules restricting the internet is to be placed before a Review Committee which provides for adequate procedural and substantive safeguards to ensure that the imposed restrictions are narrowly tailored.

However, we are of the view that since the issues involved affect the State, and the nation, the Review Committee which consists of only State level officers, may not be in a position to satisfactorily address all the issues raised. We, therefore, find it appropriate to constitute a Special Committee comprising of the following Secretaries at national, as well as State, level to look into the prevailing circumstances and immediately determine the necessity of the continuation of the restrictions in the Union Territory of Jammu and Kashmir:

a. The Secretary, Ministry of Home Affairs (Home Secretary), Government of India.
b. The Secretary, Department of Communications, Ministry of Communications, Government of India.
c. The Chief Secretary, Union Territory of Jammu and Kashmir.

The aforesaid Special Committee shall be headed by the Secretary, Ministry of Home Affairs (Home Secretary), Government of India. Currently, only 2G services are functional in the Union Territory.

The Special Committee is directed to examine the contentions of, and the material placed herein by, the Petitioners as well as the Respondents. The aforesaid Committee must also examine the appropriateness of the alternatives suggested by the Petitioners, regarding limiting the restrictions to those areas where it is necessary and the allowing of faster internet (3G or 4G) on a trial basis over certain geographical areas and advise the Respondent No. 1 regarding the same, in terms of our earlier directions.

The writ petitions are disposed of in the afore-stated terms.