Supreme Court calls Jammu and Kashmir's internet shutdown 'against the constitution'

India's Supreme Court observed its limited concern is to find a balance between liberty of citizens and their securityBCCL


The Supreme Court on Friday directed the administration of the Union Territory of Jammu and Kashmir (J&K) to view all its restrictive orders within a week and publish them publicly for them to raised before a court of law.

The court orders come as blow to the Centre that has been garnering support for its move in the valley.

The court also called the restriction on the Internet as against the Constitution. A bench headed by Justice N.V. Ramana said : "The court will not go into the political propriety (in connection with the restrictions in J&K)."

The court observed its limited concern is to find a balance between liberty of citizens and their security, as in this case liberty and security are at loggerheads.

The Supreme Court in its verdict observed that the use of Internet enjoys constitutional protection as tool, which is under the ambit of freedom of speech and expression and also enables people to carry on with their respective profession.

On Section 144 of the CrPC, the apex court said it cannot be used to curb liberty, and this section can be used only where there is likelihood of incitement of violence and danger to public safety.

See also:
Indian government shut off the Internet over a 100 times in 2019 — and China is lovin' it

Internet shutdowns in India have skyrocketed — but now the Indian government wants that to stop

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