Scribd Logo
Upload

Welcome to Scribd!

  • 17 views

    Case Head Note On - Foundation For Media Professional vs. U.T of Jammu and Kashmir, 2020

    Uploaded by

    Niket Aman
    The Supreme Court of India heard a petition challenging the restrictions on internet speeds imposed in the Union Territory of Jammu and Kashmir after the abrogation of Article 370. The court noted that while national security concerns allow for some internet restrictions, blanket restrictions affecting the entire UT are disproportionate. The court directed the formation of a special committee to review the necessity of restrictions on a periodic basis and advise on gradually easing them, including considering faster internet speeds in certain areas on a trial basis, while still preventing misuse of the internet for terrorism or circulation of fake news. The committee must balance national security concerns with the rights of citizens to access the internet.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Case Head Note On - Foundation For Media Professional vs. U.T of Jammu and Kashmir, 2020

    Uploaded by

    Niket Aman
    17 views2 pages
    The Supreme Court of India heard a petition challenging the restrictions on internet speeds imposed in the Union Territory of Jammu and Kashmir after the abrogation of Article 370. The court noted that while national security concerns allow for some internet restrictions, blanket restrictions affecting the entire UT are disproportionate. The court directed the formation of a special committee to review the necessity of restrictions on a periodic basis and advise on gradually easing them, including considering faster internet speeds in certain areas on a trial basis, while still preventing misuse of the internet for terrorism or circulation of fake news. The committee must balance national security concerns with the rights of citizens to access the internet.

    Original Title

    Case Head Note on- Foundation for Media Professional vs. U.T of Jammu and Kashmir, 2020

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court of India heard a petition challenging the restrictions on internet speeds imposed in the Union Territory of Jammu and Kashmir after the abrogation of Article 370. The court noted that while national security concerns allow for some internet restrictions, blanket restrictions affecting the entire UT are disproportionate. The court directed the formation of a special committee to review the necessity of restrictions on a periodic basis and advise on gradually easing them, including considering faster internet speeds in certain areas on a trial basis, while still preventing misuse of the internet for terrorism or circulation of fake news. The committee must balance national security concerns with the rights of citizens to access the internet.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    Case Head Note On - Foundation For Media Professional vs. U.T of Jammu and Kashmir, 2020

    Uploaded by

    Niket Aman
    The Supreme Court of India heard a petition challenging the restrictions on internet speeds imposed in the Union Territory of Jammu and Kashmir after the abrogation of Article 370. The court noted that while national security concerns allow for some internet restrictions, blanket restrictions affecting the entire UT are disproportionate. The court directed the formation of a special committee to review the necessity of restrictions on a periodic basis and advise on gradually easing them, including considering faster internet speeds in certain areas on a trial basis, while still preventing misuse of the internet for terrorism or circulation of fake news. The committee must balance national security concerns with the rights of citizens to access the internet.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    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]

    You might also like