Foundation for Media Professionals v. Union Territory of Jammu and Kashmir
(2020) 5 SCC 746 : (2020) 3 SCC (Cri) 194
In the Supreme Court of India
WP(C) arising out of Diary 10817, 10875, 10904/2020
Before Justice N.V. Ramana, Justice R. Subhash Reddy, and Justice B.R. Gavai
Decided on May 11, 2020

Relevancy of the Case: Constitutional validity of internet restrictions limiting speed to 2G services in Jammu and Kashmir

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 69A)
• The Constitution of India (Article 19, 21)
• The Temporary Suspension of Telecom Services (Public Emergency of Public Safety) Rules, 2017 (Rule 2)
• The Telegraph Act, 1885 (Section 5(2), 7)

Relevant Facts of the Case

• The Union Territory Administration restricted the internet speed to 2G, citing national security issues during the pandemic.
• The petitioners have approached the Supreme Court seeking 4G services in the Union Territory. They also seek quashing of impugned orders restricting the internet speed.

Prominent Arguments by the Advocates

• The petitioners pleaded that internet restrictions during the lockdown are affecting the citizens’ rights to health, education, business, speech, and expression. They further added that the UT Administration’s order violated the Supreme Court’s judgement in the Anuradha Bhasin case as well as the provisions of the Temporary Suspension Rules, 2017. The Administration has passed blanket orders without providing any rational nexus between internet speed restriction and national security. Furthermore, after the introduction of the Internet, the number of terrorism incidents has actually reduced.
• The Solicitor General highlighted the number of terrorist incidents in the last six months. Citizens can access government websites and applications over the 2G internet. Moreover, the fixed-line internet access is available without any restrictions.

Opinion of the Bench

• There is a need to balance fundamental rights with national security concerns. The court also noted the Administration’s submission of the Pakistani military calling for information warfare on Kashmir in its Green Book 2020.
• The authorities have taken steps to ease internet restrictions by considering prevailing circumstances.
• At present, the current Review Committee only consists of state-level officers, as ordered by the Supreme Court in the Anuradha Bhasin case.

Final Decision

• The court set up a Special Committee consisting of Secretaries at national as well as state level. The Special Committee needs to look into the existing circumstances and determine whether restrictions are necessary.
• With these directions, the court disposed of the petitions.