NEW DELHI: The Supreme Court on Monday agreed that availability of internet in the present circumstances is the need of the hour, but the constant attack on innocent citizens and security forces cannot be ignored as well. A bench headed by Justice N V Ramana refused to restore 4G services in Jammu and Kashmir but ordered setting up of a high-powered committee, headed by Union home secretary, to look into the contentions raised by petitioners. The committee will comprise secretary of the ministry of communications and chief secretary Jammu and Kashmir.
It has been directed to examine the relief sought by journalists, doctors and lawyers from Jammu and Kashmir and explore an alternative mechanism to resolve problems arising out of slow internet speed in the union territory amid a lockdown to curb the spread of Covid-19.
“While it might be desirable and convenient to have better internet in the present circumstances, wherein there is a worldwide pandemic and a national lockdown. However, the fact that outside forces are trying to infiltrate the borders and destabilize the integrity of the nation, as well as cause incidents resulting in the death of innocent citizens and security forces every day cannot be ignored,” the bench ruled in its 19-page ruling.
The bench observed that national security and human rights need to be balanced, saying that it understands the crisis the UT is facing amid the lockdown.The petitioners have argued that 4G speed was essential for healthcare, education and business in the Union territory during the pandemic.
“National security concerns and human rights must be reasonably and defensibly adjusted with one another, in line with the constitutional principles. There is no doubt that the present situation calls for a delicate balancing, looking to the peculiar circumstances prevailing in the union territory of Jammu and Kashmir the authorities in the UTs of Jammu and Kashmir have selected the 2G speed to restrict the flow of information to prevent misuse of data by terrorists and their supporters to disturb the peace and tranquillity of the Union,” the bench added.
Representing the Centre, Attorney General KK Venugopal had opposed the restoration of the services and said: “It’s a question of national security.”