Rohit
Kansal IAS, Principal Secretary to Power and Information Department in
Jammu and Kashmir, informed via Twitter that 4G services were being
restored in the entire J&K.
On
January 10, 2020, the Supreme Court held that indefinite suspension of
the internet is not permissible and restrictions on the internet have
to follow the principles of proportionality under Article 19(2).
The blockade on social media was lifted on March 4 last year, but the speed was retained as 2G for mobile data.
Later,
on August 16 last year, the Centre Restore 4G in two districts
-Ganderbal (Kashmir division) and Udhampur(Jammu division), and the
denial of high speed internet in the other 18 districts were being
extended from time to time, citing the risk of terrorism.
Let see this hiring in Supreme court-
Litigation in Supreme Court for restoration of internet services
There were two rounds of litigation in the Supreme Court seeking restoration of internet services in Jammu and Kashmir.
The first batch of cases, filed soon after the repeal of the J&K's special status, resulted in the judgment Anuradha Bhasin vs Union of India January
2020. Though the judgment waxed eloquentabout the necessity of internet
for freedom of speech and expression and trade and also about the
principles of proportionality, it did not direct the immediate
restoration of internet services and relegated the matter to the Central
Government for review.
Later,
after the onset of COVID, another batch of petitions were filed in the
Supreme Court saying that lack of 4G speed was affecting medical
services, education, trade and commerce during the lockdown, as such
services were being delivered via online during the nation wide
lockdown. While denying high speed internet in the region during the
pandemic and the lockdown, the authorities claimed that lack of
high-speed net has not affected COVID-19 control measures, online
education or business.
Those cases were disposed of in May 2020, as
per the judgment in foundation of media professionals vs union of
India which also did not order immediate restoration of internet
services but constituted a higher level special committee to review the
restrictions. After the verdict, a contempt petition was filed in the
Supreme Court contending that the Centre extended the restrictions
without constitution of the Committee. The Centre told the bench that
the Committee had been constituted and had decided to continue the
restrictions on account of terrorism threat.
While
the contempt petitions were pending, the Attorney General told the
Supreme Court last year that 4G services will be restored in two
districts after August 15.
Two weeks back, a fresh petition was
filed in the Supreme Court by Private Schools Association of J&K
saying that lack of high speed was affecting the right to education of
students.
As this the matter by which today the central govt. Announced restoration 4G internet by jk official Rohit kansal
By Government of Jammu and Kashmir
Home Department
Civil Secretariat, Jammu.
Subject: Temporary suspension of Telecom Services-directions reg;
Government Order No: Home- 07 (TSTS) of 2021
Whereas,
restrictions on access to high speed mobile internet have been imposed
in the UT of J&K, with periodic assessment of the ground situation
and inputs from the law enforcement agencies, and at present, the
position regarding availability of internet services is as follows:
I.Mobile data Services:
a)
The internet speed is available at 2G, except in the districts of
Ganderbal and Udhampur, where mobile internet connectivity has been made
available without any speed related restrictions.
b)
The post-paid SIM card holders have been given access to the internet,
whereas, the availability of these services is provided to the pre-paid
SIM card holders, only after verification as per the norms applicable
for post-paid connections.
Il. Fixed line Internet connectivity:
Internet connectivity is available with Mac-binding; and
2.
Whereas, to make an objective assessment of the prevailing
circumstances and necessity of continuation of these restrictions, the
Special Committee, constituted under the orders of the Hon'ble Supreme
Court in its order dated 11.05.2020 titled "Foundation for Media
Professionals Vs. UT of J&K and others", held its 6d1 meeting on
04.02.2021, in which, among other things, it took note of the inputs and
apprehensions of the security agencies and police forces as also the
assessment of opening of high speed mobile internet connectivity in the
districts ofUdhampur and Ganderbal.
3.
Now, therefore, keeping in view the advice of the Special Committee and
upon careful review of the overall security scenario, I, Principal
Secretary to the Government, Home Department [Competent Authority under
sub-rule (l) of Rule 2 of the Temporary Suspension of Telecom Services
(Public Emergency or Public Safety) Rules, 2017], hereby revoke the
restrictions on mobile data services and fixed line internet
connectivity placed vide Govemment order No. ome-02(TSTS) of 2021 dated
22.01.2021, except to the extent that the pre-paid
SIM
card holders shall be provided access to the internet connectivity only
after verification as per the norms applicable for post-paid
connections.
4.
The IsGP, Kashmir/Jammu, who are the Authorized Officers in their
respective areas of jurisdiction, shall ensure compliance of this order
by the service providers forthwith. They shall also closely monitor the
impact of lifting of restrictions.
By Order of the Government of Jammu and Kashmir. (Shaleen Kabra) IAS,
Principal Secretary to the Government No: Home/TSTS/2020 Dated: 05.02.2021
