India / SC reserves order on restoration of 4G mobile internet in J&K

New Delhi: After two hours of detailed arguments via video conferencing, the Supreme Court on Monday, 4 May, reserved its order on the petitions requesting an end to 4G curbs on mobile internet access (currently in place till 11 May).

The petitioners presented arguments on how the restrictions on internet access were affecting education and healthcare, and pointed out that with the increase in COVID-19 cases in J&K, people needed to access mobile internet at 4G speeds to obtain necessary information.

The J&K government has restricted internet speed to 2G on prepaid mobile networks, with repeated orders quoting national security as a reason for the same.

Although there are no curbs on broadband internet speed, senior advocate Huzefa Ahmadi, representing the Foundation of media professionals, pointed out that only one percent of internet users in J&K had broadband connections.

The petitioners pointed out that while there could be restrictions on internet speed in terms of its facet of the right to freedom of speech and expression (under Article 19 of the Constitution), the need for information in the time of the coronavirus pandemic meant that this was a question of the right to life (under Article 21) at this time, where national security couldn’t be a justification for a blanket ban on the internet speed needed by so many.

They also contested the claims made by the government of J&K, in an affidavit, that requirements for education could be met on 2G speed, pointing out that this was too slow for interactive and video content.

The Centre and J&K government argued that restoration of 4G mobile internet was a threat to national security as fast internet could be misused by terrorists to keep track of troop movements and instigate violence.

Attorney General KK Venugopal, representing the Centre, even mentioned the Handwara terrorist attack as an example of terrorism in the Valley.

Solicitor General Tushar Mehta, for the administration of the Union Territory, insisted that the restrictions were in compliance with the law, including the guidelines laid down by the Supreme Court in its Anuradha Bhasin judgment from January, which had directed the government to review its restrictions on internet in the region.

After hearing rebuttals from the petitioners – who pointed out that there was no evidence of a link between 4G and terrorist attacks, and that the orders of the review committees on the need for the internet restrictions – the bench of Justices NV Ramana, Subhash Reddy and BR Gavai reserved their decision.

These were the same judges who passed the apex court's January order directing review of internet restrictions in J&K. They have said they will pass orders soon on the request for removal of the 4G curbs.