New Delhi: The Supreme Court on Friday said that the government’s decision to suspend internet services in Jammu and Kashmir is subject to judicial review after the court upheld its previous order terming internet access as a fundamental right of the people.
The SC further directed the administration of the Union Territory of Jammu and Kashmir (J&K) to view all its restrictive orders within a week and publish them publicly for them to be raised before a court of law.
The court orders come as blow to the Centre that has been garnering support for its move in the valley.
The court also called the restriction on the Internet against the Constitution. A bench headed by Justice N.V. Ramana said: “The court will not go into the political propriety (in connection with the restrictions in J&K).”
The court observed its limited concern is to find a balance between the liberty of citizens and their security, as in this case liberty and security are at loggerheads.
The Supreme Court in its verdict observed that the use of the Internet enjoys constitutional protection as a tool, which is under the ambit of freedom of speech and expression and also enables people to carry on with their respective professions.
On Section 144 of the CrPC, the apex court said it cannot be used to curb liberty, and this section can be used only where there is a likelihood of incitement of violence and danger to public safety.
(with inputs from IANS)
