Kashmir 4G case: Easing will come into effect after Aug 15, Center says SC

Attorney General (AG) KK Venugopal, representing the Govt of India, on Tuesday, submitted to the Supreme Court that the Committee is considering allowing 4G internet access on trial basis in one district in Jammu and one in Kashmir after August 15.

New Delhi:Center on Tuesday informed to the Supreme Court that a special committee looking into the issue of internet restoration in Jammu and Kashmir has decided to provide 4G internet access on a trial basis in limited areas of the union territory after August 15.

Attorney General (AG) KK Venugopal, representing the Govt of India, submitted to the Supreme Court today that an additional affidavit has been filed in the 4G internet restoration connectivity matter.

Venugopal said that the Committee has decided that access to 4G internet in J-K will be given in a calibrated manner and outcome of the trial will be reviewed after two months.

On 10th August, the special committee constituted on SC's orders, had a meeting wherein they also consulted local agencies in J&K. It believes that threat perception still continues to high the Union Territory and internet restrictions haven't posed any hindrance to COVID care, education or business.

"Given current security, scenario situation is not yet conducive to restore high-speed internet access to mobile phones," said AG KK Venugopal.

The bench comprising of Justice NV Ramana, Justice Subhash Reddy and Justice BR Gavai welcomed the centre's decision and said it hopes the situation will improve so that restrictions can be further eased.

High-speed internet service in J-K was suspended in August last year when the Centre announced revocation of its special status and bifurcation of the state into two UTs -- Ladakh and Jammu and Kashmir.

Earlier on August 7, The Supreme Court asked the Centre and the Jammu and Kashmir administration that authorities concerned must come up with a definite stand on the possibility of restoring 4G services in select areas of the Union Territory. The apex court emphasised that this matter cannot be delayed any further.

A bench comprising Justices NV Ramana, R Subhash Reddy and BR Gavai asked Solicitor General Tushar Mehta: "What is the basis of the decision that has been taken? Is there a possibility that in some areas 4G Internet services can be restored? Is there anything that can be done?"

In response, Mehta said that directions for a review of the matter are being complied with. He pointed out that J&K Lieutenant Governor had since been changed.

"We need time to get instructions and file a response," said Mehta.

The top court told Mehta there is no question of further adjournments on the matter, and said that the Attorney General must be present on the next date of hearing with the Centre's stand on this issue.

On May 11, the top court had ordered setting up of a "special committee" headed by the Union Home Secretary to consider pleas for restoration of 4G internet services in J-K, saying national security and human rights need to be balanced in view of the fact that the UT has been "plagued with militancy".

The contempt plea filed by the NGO has alleged that authorities concerned have not yet constituted the special committee in line with the top court's order.

It has also urged the apex court to summon the Union Home Secretary and Chief Secretary of UT of Jammu and Kashmir to explain their position with respect to the alleged non-compliance of the court's directions.

The plea said that the Jammu and Kashmir administration had on May 27 passed an order continuing the restriction on mobile Internet speeds to 2G in all districts throughout the UT without any restriction by time or region.

Besides the contempt plea, the petitioner has also filed an application seeking directions to the authorities to notify the constitution of the special committee within three working days.

The application has sought an interim direction to the authority to restore 4G mobile internet services in Jammu and Kashmir, pending disposal of the plea and also the decision by the special committee.

The court had earlier taken note of the submissions of the Centre that continuous infiltration, foreign influence, violent extremism and issues of national integrity are prevalent in J-K.

The apex court's May 11 order had come on the pleas filed by the Foundation for Media Professionals and others seeking restoration of 4G services in the UT.