Case Head Note on- Foundation for Media Professional and Ors. vs. U.

T of
J&K and Ors., 2020

Supreme Court of India

Date Of Judgment: 11 May 2020

Citation: MANU/SC/0440/2020

Petitioner: Foundation for Media Professional and Ors

Respondent: Union Territory of Jammu and Kashmir and Ors

Bench: N.V. Ramana, R. Subhash Reddy, and B.R. Gavai, JJ

Headnote:

A. Anuradha Bhasin v. Union of India – Under Consideration – Imposition of the

Internet – Reviews should be in the concern for the shutdown of the internet.
Petitioner’s argument has been taken into account t on the ground that as the
lockdown has been in the country and this situation shutting down the internet is not
good.

[Para 1, and 4].

B. Restrictions - Communication - The Web - Media – Respondent has only allowed 2G

networks in the valley although the Petitioner is unhappy with this action. Petitioner
has approached the court to quash this irrational step taken by Respondent No.1, as he
restricted the Internet that is very essential in the current situation of COVID-19, as
many of the students are facing many problems in their studies and as many of them
are going to give competitive exams. Health and personal care are getting hampered
and they are not getting current information on what is happening.

[Para 5, and 6]

C. Zamora 1961 - Attorney General – Judicial Pronouncements – Fundamental Rights –

balancing the rights and securities of the union territory – Fake news and wrong
 information to stop. Many information regarding covid-19 is available on a news
platform, radio, pamphlets were distributed.

[Para 7, and 8]

D. 180 Terrorist incidents – U.T of J&K, since 05-08-2019 – more than 80 incidents
reported in Kashmir and 9 from Jammu province, more than 100 of the citizens
injured and 30 died. 20 army officers have been killed and 54 have been injured – 76
terrorists were put down. Cyber-attack by Pakistani Military – Green Book 2020 –
ware fare on Kashmir – revocation of the special status of Jammu and Kashmir.

[Para 13]

E. Anuradha Bhasin – restriction on the degree – Territorially and temporally – there

should be necessary implication to fight this situation. Restrictions should only be in
those places where it is really necessary to restrict them. But it has been seen that the
order has been passed in every part of the U.T.

[Para 16, 17, and 18]

F. Modern Terrorism – based on the internet – is not very expensive, doesn’t need huge
capital, provides the necessary means to do bad things and the young generation is so
much influenced by this. Rule of 2 (2) of the Telecom Suspension Rules, has been in
front of the review committee that provides a substantive clue to operate in these
times. These special committees, the aforesaid Committee must also examine the
appropriateness of the alternatives suggested by the Petitioners, regarding limiting the
restrictions to those areas where it is necessary and the allowing of faster internet (3G
or 4G) on a trial basis over certain geographical areas and advise the Respondent No.
1 regarding the same, in terms of our earlier directions.

[Para 39, 23, and 24]