ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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इंटरनेट बंद किए जाने पर अदालती निर्णय

The Supreme Court has made no attempt to check the irregular imposition of internet shutdowns in J&K.

The translations of EPW Editorials have been made possible by a generous grant from the H T Parekh Foundation, Mumbai. The translations of English-language Editorials into other languages spoken in India is an attempt to engage with a wider, more diverse audience. In case of any discrepancy in the translation, the English-language original will prevail.

 

The Supreme Courts judgment in Anuradha Bhasin v Union of India (2020), on the lifting of the internet shutdown in the erstwhile state of Jammu and Kashmir (J&K) following the abrogation of Article 370 makes for frustrating reading. The Court goes into long and elaborate discussions on the importance of free speech, the press, the internet, as a tool for expression, and the need for reasoned orders and procedure, among other things. Yet, it draws conclusions that are contradictory and have little or no bearing on what the judgment discusses.

To take one example, the Court discusses why it is impermissible for the government to refuse to provide copies of the orders suspending the internet in J&K. During the course of the hearing, the Solicitor General of India, arguing on behalf of the government, claimed that it was not possible to produce all the orders on the grounds of privilege, but was unable to show what law permitted such a claim. Eventually, sample orders were produced after the claim of privilege was dropped.

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Published On : 20th Jan, 2024

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