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Section 144 Judgement by Supreme Court is in favour of the Government as SC says Government must review the Orders of Suspension of Internet by a Committee under Rule 2(5) of Suspension Rules every 7 days. Adding there can not be indefinite suspension & it has to be proptionale.
Also the SC held that Essential Services like Enbanking, Hospitals, Government websites be considered by the Government for restoring Internet in areas of J&K. Word is consider not direction to the Government.
SC has directed all Order(s) under Section 144 CrPC suspending Internet & Telecom services to published so that aggrieved parties can challenge it before HC. This is procedural reiteration as every order under Section 144 is subject to judicial review.
Also SC held Freedom of Speech & Expression or Freedom to practice profession or carry on business trade by way of medium of Internet is constitutionally protected under Article 19(1)(a) & 19(1)(g) with reasonable restrictions in play including Propotionality test
Any suspension of Internet or telecommunications under Section 144 must be based on Test of Proportionalit. However SC has carved out the exeception in Para 111 that is National Security, Sovereignty & integrity of Nation.
Government has to follow procedures, publish orders under 144, review order every week to continue them if & when needed. And Cautioned against use of Proportionality doctrine of matters of National Security, Sovereignty & Integrity basically giving carte blanche to Government.
Also means SC has merely said Right to use of Internet is part of Rights under Article 19(1)(a) & Article 19(1)(g) enjoy constitutional protection without expressly declaring them as Fundamental Rights subject to restrictions as stated there under.
I guess National Security, Sovereignity & Integrity of the Country are genuine exceptions specially like in the State of Jammu & Kashmir, where Terrorism, Separatism can lead to dangerous to national security with dangers of external interference by Pakistan.
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