The Supreme Court will deliver judgment on the petitions challenging the communication blockade, internet shutdown and other prohibitory measures imposed in Kashmir region Today at 10.30 AM.On November 27, a three judges bench comprising Justices N V Ramana, R Subhash Reddy and B R Gavai had reserved judgment on a bunch of petitions challenging the constitutionality of Kashmir lockdown, which...
The Supreme Court will deliver judgment on the petitions challenging the communication blockade, internet shutdown and other prohibitory measures imposed in Kashmir region Today at 10.30 AM.
On November 27, a three judges bench comprising Justices N V Ramana, R Subhash Reddy and B R Gavai had reserved judgment on a bunch of petitions challenging the constitutionality of Kashmir lockdown, which was imposed in the wake of abrogation of the special status of Jammu and Kashmir on August 5 last year.
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All restrictive orders have to be reviewed by the J&K admin within a week.
Internet suspension without any particular duration and indefinitely is a violation of Telecom Rules.
Any order that has been passed to restrict/suspend internet services shall be subject to judicial scrutiny
2. Invocation of S144. Whether it restricts FRs. There needs to be an emergency for the invocation. Mere expression of disagreement cannot be a ground.
Government shall publish all orders under 144 imposing restrictions including on internet.
Test of proportionality needs to be satisfied. This freedom can only be restricted after relevant factors are considered and only if there are no other options.
Govt should consider a less intrusive measures unless unavoidable
We consider the restriction on Fundamental Rights cannot be in exercise of arbitrary powers
Freedom of Speech and Expression includes the right to receive as well as disseminate information.
However, the restrictions on internet need to be tested in the same manner as one treats restrictions on Art. 19(1)(a) under 19(2).