The Congress on Friday said the Supreme Court’s judgement in the petitions against the restrictions in Jammu and Kashmir was “a big jolt” to Narendra Modi government’s “illegal activities”.
“SC [Supreme Court] delivers first big jolt of 2020 to illegal activities of Modi govt [government] by stating importance of internet as a fundamental right,” Congress spokesperson RS Surjewala said in a tweet. “Double shock for Modi-Shah that dissent cannot be oppressed by imposing Section 144. Modiji reminded that nation bows before Constitution and not him!”
Earlier in the day, the Supreme Court ordered the Jammu and Kashmir administration to review within a week all restrictive orders imposed in the Union Territory since its special constitutional status was revoked on August 5. The bench of Justices NV Ramana, R Subhash Reddy and BR Gavai said suspending internet indefinitely violated telecom rules.
However, the judges said: “None of the counsels have argued for declaring the right to access the internet as a fundamental right and therefore we are not expressing any view on the same.”
The court said the restrictions on internet have to follow the “principles of proportionality” and complete curbs must be considered by the state only as an extraordinary measure. The bench instructed the government to publish in the public domain all the orders imposing restrictions so that they can be challenged in courts.
“SC recorded displeasure at Modi government’s refusal to show its orders and reminded them that internet ban is extraordinary measure,” said Surjewala. “Modi-Shah now have a week to review internet restrictions and place the reasons before the public. No more “sealed envelopes” to hide the truth in.”
Congress leader Ghulam Nabi Azad, who was one of the petitioners, said this time the Supreme Court did not come under any pressure.
“We welcome this judgement,” he said, according to PTI. “This is the first time the SC has talked about how people of J-K feel. I would like to thank the SC for a very historic decision and the people from across the country were waiting for it, specially the people of JK. The government of India has misled the entire country. This time the SC was forthright and they didn’t come under any pressure.”
Former Union minister P Chidambaram said the court’s order was a “rebuff to unconstitutional, arrogant stance of the Centre and J&K administration on restrictions imposed in the region”, PTI reported. He said the team in Jammu and Kashmir that designed and executed the plan to revoke Section 370 should be changed, and asked former J&K Governor Satyapal Malik – who is now governor of Goa – to resign from his post.
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