Supreme Court issues notice in plea to restore 4G speed for mobile data services in Jammu & Kashmir

The Supreme Court today issued notice to the Jammu & Kashmir government in a plea seeking restoration of 4G speed for mobile internet services in the valley, amidst the Coronavirus outbreak.

. Notice was issued by a Bench of Justices NV Ramana , R Subhash Reddy and BR Gavai .

Senior Advocate Huzefa Ahmadi along with Advocates Shadan Farasat and Apar Gupta , appearing for the petitioner, argued that in view of the lockdown, there is a need to enhance technology and connectivity.

Ahmadi further said that virtual classes can be conducted for students only if the same is secured.

. The petitioner organization, Foundation for Media Professionals , had prayed for the restoration of 4G internet speed for mobile internet services in light of the Coronavirus outbreak.

. The authorities had earlier passed an order on March 26 restricting the internet speed in the Union Territory to 2G. The petition challenges this order as being violative of Articles 14, 19, 21, and 21A of the Constitution of India.

. This government order was passed as a way of restoring internet facilities in Jammu & Kashmir after the decision to abrogate Article 370.

. After the region's status was changed and it was bifurcated into two Union Territories, all modes of communication remained suspended and were partially and gradually restored. It was only recently that mobile internet services, albeit restricted to 2G speed, were restored in J&K.

. At a time like this when there is a spread of a global pandemic and the nation has been locked down in order to contain the contagion, granting limited access to internet facilities by restricting the speed to only 2G in J&K is unreasonable, the petition states.

. With limited and restricted access to the internet, patients and doctors are unable to access latest information, advisories, and guidelines; schools are unable to impart education online; employees are unable to work from home; and even access to the High Court is affected, the petitioner says.

. The petition goes on to point out that the prayer for restoration of 4G services does not stipulate creation of any new infrastructure.

. Stating that "effective and speedy internet is an indispensable tool in the struggle against the COVID-19 epidemic", the petitioner also adds that the right to internet has been recognized by the Government of India itself as an essential service. Restricted internet access is directly impacting the lives of the residents of Jammu & Kashmir, the plea states.

. The restriction of internet speed to 2G also fails the proportionality test, as it is a disproportionate restriction on fundamental rights, the plea goes on to state.

On these grounds and others, it is argued that the order restricting internet speed is unjustified. The petition was filed by Advocate Shadan Farasat with inputs from Internet Freedom Foundation .

Supreme Court issues notice in plea to restore 4G speed for mobile data services in Jammu & Kashmir

Debayan Roy

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