SC Refrains From Restoring 4G Services in J&K, Orders High-Level Committee To Be Set Up

The Supreme Court on Monday, May 11, ordered that a high-level committee be set up to look into the demands of restoring 4G services in Jammu and Kashmir. The Apex court asked the MHA secretary to examine the committee, citing the need to have a balance between human rights and national security.

'Foundation for Media Professionals' had filed a plea seeking restoration of high-speed internet in Jammu and Kashmir, keeping the coronavirus crisis in mind. However, the J&K administration demanded that the plea be dismissed as high-speed internet will enable the spread of rumours and fake news. It also said that transfer of heavy data files (audio/video files) will become prevalent, making it easier for terror outfits to utilise them for incitement and in planning attacks, The Indian Express reported.

Senior Advocate H Ahmadi, who appeared for Foundation for Media Professionals, said in the earlier hearing that non-availability of 4G services is affecting people's right to health and education. He pointed out that the absence of high-speed internet was creating issues for people who want to consult doctors only, thereby avoiding crowding the hospitals.

He said that without 4G internet, online hearing of cases by courts would be impossible. Further, as schools have now resorted to online classes, this was putting students of Jammu and Kashmir at a disadvantage.

In its judgement dated January 10, 2020, the Supreme Court had said that the freedom of speech and expression, and the freedom of trade and commerce through the internet are fundamental rights under the Constitution. The SC said that this right cannot be curtailed without following the mandate of the Constitution. Further, it should meet the test of proportionality.

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