J&K 4G restoration: Contempt petition against MHA Secy for not forming Committee as per SC order

The Foundation for Media Professionals which was one of the petitioners in the Supreme Court seeking restoration of 4G internet in Jammu and Kashmir, has now filed a contempt petition. The apex court in its May 11 judgment had directed that Special Committee led by MHA secretary be set up “immediately” to review the situation and consider the alternatives suggested by the petitioners. The Committee was to comprise of MHA secretary,  Secretary of Central Department of Communications and Chief Secretary of the Union Territory (UT) of Jammu and Kashmir.

The Foundation for Media Professionals has filed this contempt petition since the Committee has not yet been set up as directed by the court, the onus of which was on the government officials; MHA secretary and other secretaries at central and UT level.

The court had ordered, “The Special Committee is directed to examine the contentions of, and the material placed herein by, the Petitioners as well as the Respondents. The aforesaid Committee must also examine the appropriateness of the alternatives suggested by the Petitioners, regarding limiting the restrictions to those areas where it is necessary and the allowing of faster internet (3G or 4G) on a trial basis over certain geographical areas and advise the Respondent No. 1 regarding the same, in terms of our earlier directions.”

The court had said that this special committee would be different from the Review Committee under Rule 2(2) of the Telecom Suspension Rules since the issues involved in this case affect the State, and the nation.

The contempt petition notes that no such committee seems to have been formed and no order has been published so far about the review of J&K administration’s orders. Meanwhile, the administration extended the bar on 4G speed internet until June 17. The petitioner also tried to reach out to the stipulated members of this committee seeking response on whether the committee has been formed but they did not receive any response or acknowledgement to the same and hence they have approached the court for contempt proceedings.

The petitioner has also filed an application for restoration of 4G in J&K in the interim, until the committee makes a decision. In the judgement, the court had pointed out that authorities are supposed to pass orders restricting internet with respect to only those areas, where there is absolute   necessity   of   such   restrictions   to   be   imposed. The application seeks to bring on record all such orders issued by the J&K administration after the May 11 judgement of the Supreme Court.

The application also reiterates that restrictions on internet seed have in fact hindered COVID19 control measures in the UT and has placed before the court, personal testimonies as well as technical analysis. The Application seeks a direction the UT as well as MHA to notify the Special Committee within 3 working days and to determine the issue in the next 3 working days.

Background of 4G restrictions in J&K

After the abrogation of Article 370 and reorganisation of Jammu and Kashmir into a Union Territory the internet was completely suspended, towards the end of January this year, 2G services were restored there albeit with some restrictions after a Supreme Court order finding internet shutdown illegal. The court had observed that indefinite suspension is not permissible and restrictions on internet have to follow the principle of proportionality under Article 19(2), which speaks about reasonable restrictions on fundamental rights.

In the beginning of March, the Jammu and Kashmir administration decided to lift the ban put on access to social media sites but on 2G speed internet.

Related:

No order on 4G restoration in J&K: SC

Right to Internet: Is it a fundamental right in India?

Ajay Pandita: When I am not safe, how can I say everyone is safe?