oppn parties SC On Kashmir: Indefinite Suspension Of Internet Is Not Permissible, Periodic Review Mandatory

News Snippets

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  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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SC On Kashmir: Indefinite Suspension Of Internet Is Not Permissible, Periodic Review Mandatory

By Sunil Garodia
First publised on 2020-01-10 21:03:54

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has asked the Jammu & Kashmir administration to review all curbs that were placed in the state within a week. Calling the use of internet services for freedom of speech and trade and commerce a fundamental right under Articles 19(1)(a) and 19(1)(g), the court said that continued suspension of the same was neither permissible nor desirable. The court also said that any restriction on such a right can be placed if it is in "consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality (para 152(b))".

But it should be noted that nowhere in its order did the court say that the restrictions were unconstitutional or the government acted in a highhanded manner. Nor did it say that access to the internet was a fundamental right. The court just explained that the suspension of such services can always be done under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules 2017 in the case of "public emergency" and "in the interests of public safety".

However, the court said that an indefinite suspension of internet services was not permissible under the Suspension Rules. There has to be a periodic review and if the government deems fit to continue with the suspension for a further period, it must comply with the provisions of the said rules. It directed the administration to review the curbs within a week and then decide if restriction needed to be extended. The court also said that if the period of restriction was to be extended further, it should be done as per the conditions laid down in this order. It, however, asked the administration to restore the internet in the state for government websites, localized banking services, hospitals and other essential services.

As the court commented that its concern was limited to "find a balance regarding security and liberty of people", this order did a fine balancing act of reminding the government that it did not have the power to keep the restrictions in place without a periodic review without delving into the political intent behind the orders. The order for reviewing the situation and acting accordingly was in keeping with the law.

But has not the government done exactly that? It has periodically reviewed the situation and lifted restrictions in phases by allowing fixed-line telephony, mobile services (without SMS and internet) and relaxation of curfew and withdrawal of Sec 144 from most areas of the state. It later restored SMS services too. It will now either extend the restriction on internet services or allow them after reviewing the situation.

It must be noted that the court has clearly said that expression of dissent or disagreement with a government policy or decision cannot be a reason for internet suspension. It also said that the decision to suspend the internet is open to judicial review and any government order suspending the same must give detailed reasons for doing so to enable aggrieved persons to challenge the order.