No immediate resumption of 4G internet services in J&K, MHA tells SC

The Supreme Court had on July 16 asked the Centre and the J&K Administration to respond to a petition seeking initiation of contempt proceedings

 

New Delhi(Agencies): There can't be an immediate resumption of 4G services in Jammu and Kashmir as a special committee constituted to examine the issue has decided against it in view of "prevalent situation in this sensitive region", the Centre has told to Supreme Court.

In an affidavit filed in the Supreme Court earlier this week, the Ministry of Home Affairs (MHA) said the situation in Jammu and Kashmir would be reviewed for the next two months and if there was an improvement, appropriate action would be taken accordingly.

On the basis of a wide-ranging assessment of the situation in the sensitive region, the special committee, which met on June 10, decided that “no further relaxation on internet services including 4G services could be carried out at the present”.

The affidavit has been filed in response to a contempt petition alleging that the government did not constitute a special committee as directed by a Supreme Court to review internet restrictions imposed in Jammu and Kashmir.

The Supreme Court had on July 16 asked the Centre and the J&K Administration to respond to a petition seeking initiation of contempt proceedings against the Union Home Secretary and Jammu and Kashmir Chief Secretary for allegedly not setting up a committee to review curbs on the Internet in the newly formed Union Territory.

In its May 11 verdict, the top court had directed immediate setting up of a “Special Committee” to determine the necessity of continued restriction of mobile internet speed in J&K to 2G only. It had also asked the committee to put its decisions in the public domain.

A Bench led by Justice NV Ramana had asked the Centre and J&K Administration to respond to the contempt plea by NGO Foundation for Media Professionals, which alleged that despite the top court’s order, the said committee to assess the need for internet restrictions in J&K had not been formed. The NGO wanted restoration of 4G internet services to enable children to attend their schools online.

However, terming the NGO’s allegation as “totally misconceived and misconstrued”, the MHA affidavit said the special committee was constituted by the Supreme Court itself on May 11, 2020, when the Justice NV Ramana-led bench had ordered that a special committee headed by Home Secretary, Government of India, would be formed to review the internet restrictions in the valley.

 “After the May 11 order of the Supreme Court, no further notification or order from the government was needed,” the affidavit stated.

During the previous hearing, Attorney General KK Venugopal had contested the allegations, saying there was no question of contempt as the said committee had already been constituted.  “How can there be contempt if the committee has already been put in place?” he had wondered.

While refusing to order the restoration of 4G mobile internet services in Jammu and Kashmir, a three-judge Bench headed by Justice NV Ramana had on May 11 set up a special committee led by Union Home Secretary to take a call on the issue after factoring in the security situation on the ground. Besides the Union Home Secretary, DoT Secretary and Chief Secretary of J-K was to be on the panel.

In its May 11 order, the Supreme Court said: “...since the issues involved affect the state and the nation, the Review Committee (under Telecom Rules), which consists of only state-level officers, may not be in a position to satisfactorily address all issues raised.”

 “We do recognise that the Union Territory of Jammu and Kashmir has been plagued with militancy, which is required to be taken into consideration. These competing considerations need to be calibrated in terms of our judgment (on lockdown in J&K) in Anuradha Bhasin (case),” it had said.