Indefinite internet ban 'unconstitutional', review all restrictions in J&K within seven days: SC orders Centre

Six months after a complete lockdown on data services in the Kashmir valley, the Supreme Court on Friday ordered a complete review of all the restrictions in the Union Territory of Jammu and Kashmir within a period of seven days.

Calling indefinite suspension as 'unconstitutional', the top court noted that the internet cannot be banned indefinitely and asked the authorities to review it weekly, adding that internet for essential services such as e-banking should be reviewed with immediate effect.

The court further stressed that access to the internet was a fundamental right, and asked the administration of the union territory of Jammu and Kashmir to review all restrictions within a week. It also directed the authorities to put all such restrictive orders in the public domain. "Periodic review of internet restrictions in the area has to be conducted every seven days by a review committee," the court said.

The bench ordered that whenever the government decides to suspend the internet, it must give a detailed reason for the decision to allow an aggrieved person to challenge it in the court.

"Section 144 of CrPC cannot be used to curb liberty, it can be used only where there is a likelihood of incitement of violence and danger to public safety. Some trade and occupations are dependent on the internet. The freedom to practice such trade and occupations is protected under Article 19(1)(g) of Constitution," the court noted.

The bench also said it will not delve into political arguments and added, “We are only here to ensure the citizens are provided with their rights. We will not delve into the political intent behind the orders given.”

Here are the major takeaways from the apex court's verdict:

• Kashmir has seen a lot of violence. We will try our best to balance human rights and freedoms with the issue of security.
• Court’s duty is to ensure all citizens are provided rights and security, but it seems that questions of liberty and security are always at loggerheads.
• Freedom of speech and expression includes right to the internet within Article 19 of the constitution.
• Centre's refusal not to produce all documents can't be a valid ground.
• We consider the restriction on FR cannot be in the exercise of arbitrary powers.
• An order to suspend the internet for an indefinite period is not permissible.
• A Committee to conduct a periodic review of the suspension order.

On the petitions filed against the restrictions imposed after the removal of Article 370 in Jammu and Kashmir, the Supreme Court has ordered that Jammu and Kashmir and the Central Government should review once the ban on internet and the imposition of 144 will also come under the purview of Judicial Review. 

Internet blockade was imposed in the Union Territory of Jammu and Kashmir after the abrogation of Article 370 of the Constitution in August last year.