New Delhi: The Supreme Court bench led by Justice NV Ramana today directed to set up a special committee, headed by Home Ministry secretary, to examine the concerns raised on the absence of 4G services in Jammu & Kashmir during the coronavirus pandemic, and the feasibility of the suggestions given by the petitioner regarding limiting the restrictions to those areas where it is necessary and allowing 4G on a trial basis in certain areas.
"Again, this court is called upon to address a very important but a sensitive issue on national security and human rights, wherein we have to ensure that national security and human rights can be reasonably and defensibly balanced, a responsibility, that this court takes with utmost seriousness," said the bench.
The court ordered setting up of a committee comprising Secretary of Home Ministry, Secretary of Department of communications, Ministry of communications and the Cheif Secretary of Jammu & Kashmir.'
The court said that in its earlier order regarding the internet ban (after removal of Article 370) in the UT, it had ordered setting up a review committee for periodical assessment of the situation to ease the restrictions but the committee comprised only of state-level officers who may not be in a position to satisfy all the issues raised and therefore is directed to include national level officers in the special committee this time.
The court also cited the order on Anuradha Bhasin's petition, regarding the internet ban after removal of Article 370, which said that "The degree of restriction and the scope of the same, both territoriality and temporarily, must stand concerning what is necessary to combat an emergent situation".
The order has come in response to a bunch of petitions filed which raised issues over the unavailability of 4G services in J&K during a pandemic. The petitioners contended that online classes for students are not possible without 4G as the videos require high speed, the doctors are not able to get adequate information on corona, people are not able to access news about the pandemic, etc.
The absence of 4G is violating the Right to education, right to business, right to health, and right to freedom of speech and expression. The government had responded saying that they have taken enough steps to ensure that the people access all essential information and uplifting the ban on 4G would prove to be a national security threat as the anti-social elements would start circulating videos and heavy content against the national interest.