SC to hear contempt petition over non-constitution of a special committee to review the ban on 4G speed internet in J&K

BACKDROP

Due to constant unrest in the state of Jammu & Kashmir, internet services were initially suspended in August 2019 but were later on after 5 months in January 2020 partially restored and internet speed limit was restricted to 2G only under the Temporary Telecom Suspension Rules 2017.

For addressing the above issue, Apex court recommended formation of a special committee to examine the issue of low speed and restrictions.

On 9 June, a contempt petition was filed by Foundation for Media Professionals, an NGO, stating that the Centre and J&K government had wilfully not complied with the Apex court’s order which had directed for the constitution of a committee to examine into the issue of ban on 4G internet in the Valley.

ISSUES RAISED IN PETITION

• According to the NGO, such a constitution of the committee hasn’t taken place.
• No order has been published and placed in public records, reviewing the internet restrictions by the committee if in action.
• Due to delay in such action, there is disruption in medical services, e-commerce activities and most importantly, students of the state aren’t able to take online classes.
• The same is in direct infringement of Article 21 of the Indian Constitution.
• Immediate restoration of 4G network.

ACTION TAKEN

The Supreme court on Thursday directed the Union government and Jammu and Kashmir administration to file a detailed affidavit in a contempt plea over the non-constitution of a special committee to review the ban on 4G mobile phone services in Jammu and Kashmir.

The Supreme Court said, indefinite suspension of internet is not permissible and restrictions on internet have to follow the principles of proportionality under Article 19(2) of Indian Constitution.

FURTHER

In reply to the above, Solicitor General Tushar Mehta, representing Jammu and Kashmir and Attorney General KK Venugopal, representing the Centreinformed the bench saying, no contempt is made out since a high-powered committee to review the ban on 4G internet had been created and the committee had taken a decision after due application of mind. Further, they submitted that the details of the committee and decisions will be placed on record before the court.

The bench headed by Justice NV Ramana, said "If you have complied with the orders given in May, then it is needed to publish that in public domain".