In the legal arena of New Delhi, the Supreme Court, on the day of Friday, issued a directive to the administration of Jammu and Kashmir. The mandate pertained to the publication of review orders sanctioned by the special committee under the aegis of the Union Home Secretary, overseeing the reinstatement of Internet services in this Union Territory.
A triad of jurists, helmed by Justice B R Gavai, expounded, “In cognizance of the fact that a review order wields the potential to impact the rights of the involved parties… We articulate our prima facie stance, acknowledging that the publication of review deliberations might not be imperative, but the orders emerging from the review process demand public visibility….” This bench, which also included the sagacity of Justices J B Pardiwala and Sandeep Mehta, effectively concluded the plea presented by the Foundation for Media Professionals.
In the courtroom symphony, Advocate Shadan Farasat, the emissary for the Foundation for Media Professionals, posited that all states that have grappled with Internet restrictions have, at some juncture, disseminated the review orders. He underscored the perplexing query as to why Jammu and Kashmir remains obstinate on this front when others, including Arunachal Pradesh, Assam, Bihar, and Meghalaya, bordering states included, have adhered to this practice. “There is no tenable order,” Farasat ardently contended.
He further contended that these orders are a statutory obligation, and the failure to adhere to such a mandate runs afoul of the essence of the Supreme Court’s decree in the Anuradha Bhasin case.
The Solicitor General, Tushar Mehta, the legal envoy for the Jammu and Kashmir administration, countered this by asserting that the review order functions as an internal mechanism, and there exists no impediment to its public disclosure.
A decree handed down by the Supreme Court on January 30 underscored that the review orders linked to internet restrictions in the Union Territory of Jammu and Kashmir should not languish in obscurity but rather be brought to light.
This legal saga commenced in May 2020 when the court urged the Centre to establish a specialized committee tasked with assessing the necessity of Internet restrictions in Jammu and Kashmir. The genesis of these restrictions dates back to 2019 when the Centre tightened its grip on Internet freedoms in the aftermath of the abrogation of Article 370. Journalist Anuradha Bhasin, in 2020, sought the Supreme Court’s intervention to review the imposed restrictions.