The Indian Supreme Court Orders The J&K Administration To Review Its Communication Restrictions

On 5th August, 2019, the Government of India revoked the special status granted under Article 370 of the Indian Constitution to Jammu & Kashmir. This was followed by the severing of all communication lines in the Kashmir valley - presumably a tactic to curb the transmission of information regarding the Kashmiri reaction over the revocation. As of January, 2020, Kashmir has gone close to five months without the internet or any other means of communication, making it the longest blanket internet ban ever witnessed by a state within a democracy. In a report published in December, the Kashmir Chamber of Commerce and Industry estimated that four months of shutdown and restrictions had cost the Valley’s economy Rs 17,878 crore and thousands had lost jobs.

Today, the Supreme Court delivered its verdict on a batch of pleas including that of Congress leader Ghulam Nabi Azad challenging the restrictions imposed in the erstwhile state of Jammu & Kashmir following the abrogations of provisions of Article 370. Besides Azad, the apex court had heard the petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and few intervenors questioning restrictions in the valley. Defending the fundamental right to freedom of speech, a three-judge bench of the Supreme Court ordered the Jammu & Kashmir administration to review within one week all restrictive orders in place since the government ended special status to the former state in August.

All restrictive orders in Jammu and Kashmir over the past five months following the scrapping of Article 370 are to be made public so that they can be challenged legally, the three-judge bench said. The court said freedom of speech and expression through the internet is an integral part of Article 19 (1)(A) of the constitution,” asking the government to consider restoring government websites and e-facilities where internet abuse is minimal. A complete ban on internet must be considered by the state only as an extraordinary measure, said the court.

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