SC refuses to restore 4G internet in Jammu and Kashmir

Supreme Court  refused to restore 4G internet in Union Territory of Jammu & Kashmir but ordered the Centre and Jammu and Kashmir administration to form a committee of Secretaries from MHA and J&K UT Admin to take a call after reviewing the ground security situation. The apex court also said that the high-powered Committeeheaded by the MHA Secretary should also look into the contentions raised by various petitioners.

Fact

• In August 2019, the Central government had suspended all modes of communications in the wake of revocation of Jammu and Kashmir’s special status, granted under Article 370. Eventually, services were partially restored, with internet speed restricted to 2G.
• A plea was filed by ‘Foundation for Media Professionals’ for restoration of high-speed internet in Jammu and Kashmir in view of the Covid-19 situation.
• But, the administration opposed restoration of 4G services in the union territory. It justified its move in view of protecting the sovereignty, integrity and security of the country.

What procedure does the government follow to suspend Internet services?

• The Information Technology Act, 2000, the Criminal Procedure Code (CrPC), 1973 and the Telegraph Act, 1885 are the three laws that deal with suspension of Internet services.
• But before 2017, Internet suspension orders were issued under section 144 of the CrPC.
• In 2017, the central government notified the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules under the Telegraph Act to govern suspension of Internet.
• These Rules derive their powers from Section 5(2) of the Indian Telegraph Act, which talks about interception of messages in the “interests of the sovereignty and integrity of India”.

UPSC