Thread by @VakashaS

Supreme Court hearing Anuradha Bhasin's petition against media and other restrictions on Jammu and Kashmir (along with tagged petitions by journalist organisations and private citizens).

Vrinda Grover arguing for Bhasin. @TheQuint

Grover says Bhasin's newspaper Kashmir Times has been able to only publish a truncated version since 11 October.

Transport and media restrictions are affecting their ability to function.

@TheQuint

The following restrictions still in force 90 days on, says Grover:
No prepaid mobile services, no mobile data, no SMS, no broadband/wifi internet services.

This has"crippled" the ability of her newspaper and journalists to do their jobs.
@TheQuint

Govt had submitted an affidavit in response to Grover's petition a couple of weeks ago.

Grover reading from rejoinder they have submitted in response to this affidavit. Notes that access to internet is considered a fundamental right (right to speech incl rt to know)
@TheQuint

She says that while there can be reasonable restrictions on fundamental rights, can such restrictions extinguish the right itself?

She cites arguments made in govt affidavit, about how these restrictions were imposed under the Telecom Services Suspension Rules 2017 @TheQuint

"Is there a proximate nexus between internet access and terrorist activities?" asks Grover, in response to govt claims that the restrictions are necessary to contain terrorism.
@TheQuint

She now moves on to the rules which the Government claims were the basis for the internet restrictions: the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

dot.gov.in/circulars/temp…

@TheQuint

Grover notes that these are supposed to be for temporary periods of time only, not remain in force for long.

She reads the rules on which authorities can issue such orders, points out that these need to be assessed by a review committee to see if the orders are lawful @TheQuint

These Rules are issued under the Indian Telegraph Act 1885, which covers all forms of telecommunications including internet.

Judges get AG and other lawyers present to clarify that this law is the relevant one. AG says it has been amended from time to time to update.
@TheQuint

Grover is now making an argument on Section 5 of the Telegraph Act, which allows prohibition and interception of communications. She says that this provision needs to be strictly complied with to restrict communications. indiankanoon.org/doc/1740460/

@TheQuint

Grover's argument is that because of the proviso to this section, press messages by journalists accredited to Central or State governments cannot be restricted unless there is a specific order restricting communications for such journalists (see below)
@TheQuint

Grover notes refers to specific orders from August cited by the government as basis for suspension of telecom services.

She now shows that one of these that AG KK Venugopal wanted to rely on only allowed for slowing net speed from 3G/4G to 2G, not to block internet. @TheQuint

She now refers to another order referred to by Attorney General KK Venugopal.

She reads from an order that only argues need to restrict internet on basis of apprehension of misuse of data. But was then also used to restrict landlines - no reasoning for this was given. @TheQuint

UPDATE: Case on media/telecom restrictions in Jammu and Kashmir adjourned to Wednesday, 6 November, when Grover will continue her arguments for Anuradha Bhasin, executive editor of the Kashmir Times. @TheQuint