Internet curb to go!
New Delhi, Jan 10: Right to use internet for communication and work is protected under fundamental rights, the Supreme Court ruled on Friday, asking the administration in Jammu and Kashmir to review all restrictive orders there in a week.
The apex court also spoke on the right of citizens to express dissent without resorting to violence saying prohibitory orders under Sec 144 of the CrPC cannot be used as tool to suppress it.
“We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g).,” the court said.
Article 19 of the Constitution comes under the fundamental rights of a citizen and embodies the basic freedoms on speech, expression, movement and practicing a profession.
A three-member bench was ruling on a batch of pleas against the complete internet lockdown in Kashmir over the last more than five months ever since Article 370 was abrogated and the state was divided into two union territories.
The court asked authorities to immediately consider allowing government websites, limited e-banking facilities and other essential services in those regions where internet services were not likely to be restored immediately.
Complete clampdown should only be imposed when it is necessary and unavoidable, said Justice NV Ramana who headed the bench.
Trade and commerce through the Internet is protected under Article 19(1)(g) of the Constitution which guarantees the fundamental right to trade, business, occupation or profession, it said.
The Bench headed by Justice NV Ramana said the test of proportionality needed to be satisfied. The freedom could be restricted only after relevant factors were considered and only if there were no other options.
The apex court ordered forthwith review of orders suspending the Internet in Jammu and Kashmir, saying such suspension could not be for an unlimited period. It could only be for a limited period and was subject to judicial review, it added.
Internet suspension without a particular duration and indefinitely is a violation of the Telecom Rules, the top court said. It ordered the J-K administration to produce all orders invoking Section 144 of the CrPC.
While issuing restrictive orders under Section 144, a magistrate should apply his/her mind and apply doctrine of proportionality to strike a balance between danger to national security and liberty of citizens. Repetitive orders under Section 144 without assigning reasons and without being based on material facts would violate citizens' right to various freedoms, the court noted.
The bench, also comprising justices R Subhash Reddy and BR Gavai, ruled that magistrates should apply their mind and follow the doctrine of proportionality while passing prohibitory orders.
On November 21, the Centre had justified restrictions imposed in J&K after the abrogation of provisions of Article 370 and said that due to the preventive steps taken, neither a single life was lost nor a single bullet fired.
Besides Congress leader Ghulam Nabi Azad, the apex court had heard the petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and few intervenors questioning the restrictions in the Kashmir Valley.
The Centre had referred to terror violence in the Valley and said that for the past so many years terrorists were being pushed through from across the border, local militants and separatist organisation had held the civilians captive in the region and it would have been “foolish” if the government would not have taken preventive steps to secure the lives of citizens.
