SC judgment on restrictions in Jammu & Kashmir in the wake of amendments to Article 370: Justice N V Ramana reading verdict @IndianExpress
SC says it will not go into political propriety of decisions which is best left for democratic forces to decide @IndianExpress
Need to distinguish between internet as a tool and freedom of expression through internet @IndianExpress
Expression through internet has gained contemporary relevance and is part of freeedom of expression under article 19. Therefore any restrictions must subscribe to conditions laid down in Article 19. @IndianExpress
Indefinite suspension of internet impermissible. Only temporary restrictions can be done provided it subscribes to mandate of Article 19. @IndianExpress
All orders suspending such services must be published so that those affected can challenge if necessary @insiane
Internet shutdown only in unavoidable situations. Authorities must explore alternate means before doing that @IndianExpress
Internet shutdown in J&K should be reviewed @IndianExpress
On section 144: cannot be used to curb liberty, it can be used only where there is likelihood of incitement of violence and danger to public safety @IndianExpress
Some trade and occupations are dependent on the internet. Freedom to practise such trade and occupations is protected under Article 19(1)(g) of Constitution @IndianExpress
Expression through internet has gained contemporary relevance & is one of the major means of information diffusion. Therefore, FOS&E through internet is integral part of Art 19(1)(a) & any restriction on it must be in comply with Art 19(2) of Constitution: SC @IndianExpress
Freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6): SC @IndianExpress
It goes without saying that the Government is entitled to restrict the freedom of speech and expression guaranteed under Article 19(1)(a) if the need be so, in compliance with the requirements under Article 19(2): SC @IndianExpress
It is in this context, while the nation is facing such adversity, an abrasive statement with imminent threat may be restricted, if the same impinges upon sovereignty and integrity of India: SC @IndianExpress
Since any such order has serious implications on the fundamental rights of the affected parties, the same should be supported by sufficient material and should be amenable to judicial review: SC @IndianExpress
Power under should be used responsibly, only as a measure to preserve law and order:SC @IndianExpress
SC notes that under the existing rules, there so no provision for periodic review or order suspending internet services and says the gap must be filled. Till such time, periodic review be conducted by committee formed under Suspension rules @IndianExpress
The Respondent State/competent authorities are directed to review forthwith the need for continuance of any existing orders passed under Section 144, Cr.P.C in accordance with law laid down above: SC @IndianExpress
