Thread by @SFLCin

#RTI
An RTI filed by SFLC.in,the reply for which came after 5 months reveals that #InternetShutdowns were imposed in Jammu & Kashmir for a period of 2 months.
sflc.in/internet-shutd…
#LetTheNetWork #keepiton #internetshutdown #JammuKashmir #BreakingNews

SFLCin had received information that the mobile Internet was being frequently suspended in various regions of Kashmir for nearly 10 hours every day.

The areas facing such suspensions are #Anchar, #Eidgah, #Qamarwari, #Soura, #MRGung, #Nowhatta, #SafaKadal, #Bagyass of #Srinagar district; #Wanpoh of #Kulgam district, #Qaimoh and the #Litter area in the #Pulwama district of #Kashmir.

Apart from a couple of news articles, there hasn’t been any official order published regarding this. We filed an application under the RTI Act to obtain orders of shutdown in November 2021.

The RTI was filed on 25th November 2021 to seek details of unannounced internet shutdowns in Jammu and Kashmir. We received a reply on 30th March 2022, after 5 months.

The RTI reveals that majority of orders contain the same language and are copy paste orders. This reflects non application of mind and does not satisfy the condition of reasoned order.

It is also observed that most of the orders have copy pasted the phrase “in the interest of sovereignty and integrity of India, the security of the state and for maintaining public order”.

However, the order completely fails to provide proper reasons because of which internet needs to be shutdown in the interest of above mentioned grounds. This further adds to the arbitrary nature of the shutdown.

Most of these shutdowns were imposed from 8:00 am to 11:00 and then from 3:00 pm to 10:00 pm on a daily basis. The reason given by the authorities for such intermittent shutdowns was use of internet by terrorists at these times.

This means internet was working only for 4 hours during the day. The Supreme Court in Anuradha Bhasin categorically held that a perpetual internet shutdown cannot be imposed.

However, the manner in which these shutdowns were imposed- a new order being issued every alternate day with copy pasted reasons and internet being available only for 4 hours during the day- it did result in a perpetual shutdown of internet for another 2 months.

The reply received does not mention anything about publication of the internet shutdown orders before imposing a shutdown. It was also reported that these shutdowns were unannounced and there was no official communication from the government.

The Jammu and Kashmir Home Department website did not have these shutdown orders. The orders were uploaded as late as on 15th March 2022.

#LetTheNetWork
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