OVER TO COURT
On the plea filed by an NGO, seeking intervention of Supreme Court for the restoration of 4G services in UT of Jammu and Kashmir, the administration has responded by saying that access to communication was enabler of rights and not a fundamental right in itself.
Earlier Supreme Court has said that right to internet was a fundamental right and asking for its restoration. Soon after the central government submitted to the court that high speed internet was directly connected with national security, court has asked for a detailed response from the government and UT administration.
In this connection JK administration has responded to the court directions and submitted its views through additional standing counsel.
The submission says sthat the right to access the internet is not a fundamental right and thus the type and breadth of access for exercising the right to freedom of speech and expression under Article 19(1)(a) and/or to carry on any trade or business under Article 19(1)(g) of the Constitution of India (CoI) through the medium of internet can be curtailed.
It said the restoration of 4G mobile data services will “substantially increase the use of social media and other online platforms in uploading/downloading of videos and other propaganda material and their fast circulation, with resultant deterioration in law and order situation in Kashmir Valley.
Supreme Court will have to decide between the two extremes of national security and fundamental right regarding the restoration of 4G services in Jammu and Kashmir. All eyes are on Supreme Court what would be its response to the government submission about the misuse of internet in Kashmir.
