Senior Congress leader and former Jammu and Kashmir Chief Minister Ghulam Nabi Azad on Friday welcomed the Supreme Court”s order on internet ban in Jammu and Kashmir, saying “everyone was waiting for this decision”.Speaking to the media here, Azad said: “Everyone in Jammu and Kashmir was waiting for this decision. The Supreme Court has made it clear to this government that they should publish all the orders passed since August 5, 2019. Court has also said that any order on internet comes under judicial review.”
Azad also said “that the government initially tried to prove that banning internet was for the benefit of the people of Jammu and Kashmir but in reality it was to finish them, their history, their geography and their culture”.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 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.