SC asks govt to review restrictions within a week
The Supreme Court on Friday asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory while holding that access to the Internet is a fundamental right under Article 19 of the Constitution.
SC further said that the internet is one of the major tools of freedom of expression and speech and it cannot be suspended for an indefinite period. The SC in its verdict observed that the use of internet enjoys constitutional protection as tool, which is under the ambit of freedom of speech and expression and also enables people to carry on with their respective profession.
On Section 144 of the CrPC, the apex court said it cannot be used to curb liberty, and this section can be used only where there is likelihood of incitement of violence and danger to public safety.
"Freedom of Internet access is a fundamental right under Article 19(1)(a) of free speech," SC observed.
SC also directed the JK administration to publish all orders in force and any future orders, imposing restrictions, including the internet shutdown. It further says the administration should publish records of all such restrictions within 7 days, for it to be eligible for legal challenged in court.
A five-judge bench headed by Justice N V Ramana also asked the J-K administration to restore Internet services in institutions providing essential services like hospitals and educational places.
The verdict came on a batch of pleas which challenged curbs imposed in Jammu and Kashmir after the Centre's abrogation of provisions of Article 370 on August 5 last year.