New Delhi: The Supreme Court on Thursday refused to pass contempt notice to the Union Government pertaining to a contempt petition moved against the officials for not constituting a special committee to review 4G speed internet restoration in the UT of Jammu and Kashmir.
A special three-judge bench of Justices NV Ramana, R Subash Reddy and BR Gavai had heard the contempt plea moved by Foundation of Media People (FMP).
Attorney General KK Venugopal had appeared for the Union Government and senior advocate Hufeza Ahmadi argued for the FMP.
As there was an interim petition sought the restoration 4G internet services, Solicitor General Tushar Mehta had also appeared for the respondent(GOI-MHA).
Advocate Ahmadi submitted that the centre had failed to comply with the May 11 order of Supreme Court which urged to frame a special committee to review the need of restoring 4G services in the UT of J&K.
"The Centre has not made any decision public domain as regards to the formation of a committee to review 4G internet restoration. We have sent representations twice on May 16 and May 26. But, the government had not responded to our representations. It failed to comply with the apex court direction," Ahmadi argued.
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Solicitor General Tushar Mehta said that the Government had not only formed the special committee and it has also taken some decision on this.
Justice BV Ramana questioned the SG that why the decision was not placed before the public domain.
Attorney General KK Venugopal said that he has submitted the decisions in a sealed cover and asked the Court to take a call whether it is contempt or not.
The AG also requested the bench to postpone the matter for two months.
However, advocate Ahmadi objected that and said there is a prima facie for initiating contempt action as May 11 order of SC said, "a special committee should be formed immediately."
The advocate asked the SC to issue a contempt notice.
The Judges asked respondents to file counter affidavit instead of issuing the notice.
Ahmadi further submitted even the internet restriction was extended on the day when the order was passed by the SC on May 11.
"There are several medical issues. Students are unable to attend online classes due to the absence of 4G internet. So, it will further suffer public. People of Kashmir should have the right to access their freedom as citizens in other parts of the country have," he said.
AG again firmly said contempt motion is unnecessary while we have taken a decision and complied with the SC order.
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The bench asked the centre to file counter affidavit in a week. The matter was also adjourned to a week.
It is noted when petition moved before the SC to restore internet in Jammu and Kashmir, the Apex Court passed an order on May 11 saying that the Court cannot pass directions to restore the internet. Instead, it ordered the center to constitute a special committee to review the need for 4G speed internet restoration.
The Internet suspension order was extended thrice after this order was passed on May 11. It was on May 27, June 17 and recently on July 8, the internet services suspension order was further extended.
After the abrogation of article 370 in Jammu and Kashmir, the Union Government suspended internet services there citing cross-border terrorism. Later, on hearing a petition, the SC ordered to restore the internet partially by allowing only 2G internet services in J&K in January 2020.
