Internet services were suspended in Jammu and Kashmir in August last year, after Center decided to abrogate Article 370 and revoke the special status of J&K. In the case of Anuradha Bhasin, the Apex Court, in January, had said that indefinite suspension of internet services cannot be permissible as it infringes fundamental rights of the citizens. Complete blackout was lifted after this ruling, however, the internet speed was restricted to 2G, with only ‘white-listed’ sites being available for access. Hence, the petition was filed to restore 4G internet service.
The Supreme Court refrained from passing any orders on the restoration of 4G internet services in Jammu & Kashmir and have directed the Center to constitute a ‘Special Committee’ to solve the issues raised by the petitioners. The three Judges bench, headed by Justice NV Ramana, said the court has the responsibility to ensure a balance between national interest and human rights.
The committee will be headed by the Union Home Secretary, and secretary of Ministry of Communications and IT & Chief Secretary of Jammu & Kashmir will be part of it. The committee will be responsible for examining the contentions of the petitioner, to check the appropriateness of their contentions and provide remedy for the same.
This decision has been severely criticized by the lawyer’s fraternity. They’ve said that the bench is abdicating the judicial responsibility that the Constitution has vested in them. The courts have the power to review actions of the executive and delegating that power back to the executive, nullifies the purpose of the Constitution.
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