J&K internet shutdown: "Suspension of free movement, Internet and basic freedom can't be an arbitrary exercise of power"

Court orders the review of all the restrictions on the J&K internet shutdown on a bunch of petitions filed following the communication blackout in the state.

After months of J&K internet shutdown, the Supreme court on Friday 10th January ordered the administration to review the restrictions as the right to the internet is part of the freedom of speech. The centre justified the shutdown claiming not a single life has been lost. The court said that taking away the right to free use of the internet and movement cannot be an arbitrary exercise and that mere expression of disagreement against a government cannot be a reason to shut down the internet.

The three-judge bench which included Justice NV Ramanna, Justice R Subhash Reddy and Justice BR Gavai also said that the freedom of the internet is part of Article 19 and the restriction should follow the principles of Article 19(2). The act of using Section 14, a colonial-era rule to restrict crowd gathering was also criticised by the court saying it cannot be used as a tool to oppress the people. All the orders imposing the restrictions must be published for the public to see. However, this has come as a relief to the people of Jammu and Kashmir.

Supreme Court while delivering verdict on a batch of petitions on situation in J&K after abrogation of Article 370: Kashmir has seen a lot of violence. We will try our best to balance the human rights and freedoms with the issue of security pic.twitter.com/jzYY1AmDfD

— ANI (@ANI) January 10, 2020

Twitterati shares their reaction on the court's judgement on the J&K internet shutdown:

Court's decision on Right to Internet in Kashmir is like - You see breathing is a right. And you have cut off oxygen for 5 months, so take another week, to review if patient needs oxygen to survive & then we shall decide.

The patient keeps gasping, meanwhile. #internetshutdown

— Dr. Aqsa Shaikh (@Dr_Aqsa_Shaikh) January 10, 2020

India shut down the internet more than 100 times in 2019 and have cost the Indian economy more than $3 billion in five years, by one estimate.#InternetShutdown



https://t.co/ctLyxflbY5 via @scroll_in

— Gopi Shah (@gops33) January 10, 2020

When @Mmirzaprabhu held poster in #MumbaiWithJNU #Mumbai she was called #Deshdrohi Now SC has echoed her feelings. #ModiBhakts quiet?? SC orders to review #internetshutdown in #Kashmir #KashmirLockdown since 158 days. After #Article370 abuse of power by @Narendramodi @AmitShah pic.twitter.com/5if099F8LZ

— Charan Singh Sapra (@Charanssapra) January 10, 2020

Many think that the SC judgment on #internetshutdown is weak because of the lack of an effective direction striking down the shut down orders. While that is true, I think the SC has moved the jurisprudence forward in a progressive manner 1/n

— Vrinda Bhandari (@VrindaBhandari) January 10, 2020

1. SC orders government to review #internetshutdown within 7 days

2. Calls order an attempt to balance state security with people’s liberty

3. State to consider restoration of internet for all essential services

4. Committee to review restrictions every week

— Padmaja joshi (@PadmajaJoshi) January 10, 2020

While #InternetShutDown's a direct threat to human rights, but at the same time, it's also true that internet shuts down ONLY for the sake of national security. Spreading lies & discussing tactically over internet is extremely useful for the wrongdoers and rioters alike. https://t.co/Oo1f8XXxBm

— Ayush (@abasu0819) January 10, 2020

Love whenever the judgments begin with literary references, #internetshutdown judgment begins with Charles Dickens's quote, "It was best of times, it was the worst of the times." Reminds of David Rakoff's half empty, "We were so happy. It was miserable."

— Anuj Aggarwal (@aggarwalatbar) January 10, 2020

Also Read: People protest after a 19-year-old Dalit girl was brutally gang-raped and hanged in Gujarat

Internet suspension without any particular duration and indefinitely is a violation of Telecom Rules.



SC orders Govt. to produce all orders by which Section 144 is invoked.#InternetShutdown

— Gopi Shah (@gops33) January 10, 2020

Internet shutdown is not only huge loss for just business, but even a big problem for students and online learners. As a online tutor now and then i get such messages.#internetshutdown #NRC_CAA_Protest @RanaAyyub @dhruv_rathee @sharmasupriya @Nidhi pic.twitter.com/4e6Bnl3DDQ

— Rohith Samineni (@SamineniRohith) January 7, 2020

"Suspension of free movement, Internet and basic freedom can't be an arbitrary exercise of power"... The top court said.... @AJEnglish https://t.co/GMpjOsfvUr#Kashmir #SupremeCourt #internetshutdown pic.twitter.com/WtUvH80Y0C

— Nabhajit Ganguly (@NabhajitG) January 10, 2020

SC directs Govt to review internet curbs in #Kashmir within 7 days.

Access to internet recognized as freedom of speech and expression - a fundamental right!



Take a bow Vrinda Grover and Anuradha Bhasin !!



via @bilalzaidi84 #internetshutdown

— Rafiul Alom Rahman (@rafiulrahman) January 10, 2020

Isn't it clear that till date Kashmir is Under restrictions?

From 5 Aug 2019 to 10 Jan 2020, like seriously? And we say we are democratic, sach me?

SC intervenes for the restoration which is very clear govt didn't take any step. #Kashmir #SupremeCourt #internetshutdown pic.twitter.com/tYTZV6wbc6

— SRAJAN YADAV (@SRAJANYADAV) January 10, 2020