Review orders not to be kept in cupboard: SC on J&K internet ban
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New Delhi: The Supreme Court on Tuesday said review orders to consider pleas for the restoration of internet services in Jammu and Kashmir are "not meant to be kept in the cupboard" and asked the administration to publish them.
A bench of Justices B R Gavai and Sanjay Karol gave Additional Solicitor General KM Nataraj, appearing for the J-K administration, two weeks to seek instructions and apprise the court on the next date of hearing.
The bench was hearing an application filed by the Foundation for Media Professionals seeking the publication of the review orders passed by a special committee headed by the Union Home secretary on internet restrictions in the union territory of Jammu and Kashmir.
"What are review orders meant for? Review orders are not meant to be kept in the cupboard," the bench observed as Nataraj submitted that the petitioner is seeking publication of the committee's deliberations.
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The bench ordered, "We are of the prima facie view that it may not be necessary to publish the deliberations (of the committee), but the review orders passed are required to be published. Mr Nataraj seeks two weeks to take instructions in this regard. List after two weeks."
Advocate Shadan Farasat, appearing for the Foundation for Media Professionals, said at the outset that the administration is required to publish the review orders and the mother order on internet restrictions in the union territory according to the 2020 verdict in the Anuradha Bhasin versus Union of India and the Telegraph Act.
"Review orders are something to be passed under the Act and 2020 verdict and therefore they must be published. They are saying that the special committee orders do not have to be published. I am not contesting that, there may be national security reasons. But review order and mother order are something which must be published," he said.
The bench also asked Nataraj to show it is not necessary to publish the review orders. The bench noted that Farasat said the apex court in the judgment in the Anuradha Bhasin case had held that even the review orders are required to be published and the same are not being done in UT of Jammu and Kashmir.
On May 11, 2020, the top court ordered the setting up of a "special committee" headed by the Union Home Secretary to consider pleas for the restoration of 4G internet services in Jammu and Kashmir, saying national security and human rights needed to be balanced in view of the fact the Union Territory has been "plagued with militancy".
The top court said it was desirable to have better internet services in the union territory in view of the worldwide COVID-19 pandemic and a national lockdown.
On January 10, 2020, the top court in its Anuradha Bhasin versus Union of India verdict held that freedom of speech and conducting business on the Internet are protected under the Constitution.
It had asked the Jammu and Kashmir administration to immediately review curb orders.
With PTI inputs
