8 main points of SC order on Kashmir curbs

In sweeping judgement, apex orders J&K admin to restore internet at essential places, review all curbs

Update: 2020-01-10 07:26 GMT
In this picture taken on December 20, 2019, student Bhat Musaddiq Reyaz (right) uses his computer in an internet cafe in Banihal, Kashmir. Every day the train to Kashmir's remote cyber oasis Banihal is packed as people travel for hours to get online in the disputed region where internet has been cut for five months. (AFP)

New Delhi: The Supreme Court on Friday said access to Internet is a fundamental right under Article 19 of the Constitution and asked the Jammu & Kashmir administration to review within a week all orders imposing curbs in the Union Territory.

A three-judge bench headed by Justice N V Ramana also asked the union territory’s administration to restore Internet services in institutions providing essential services like hospitals and educational institutions.

The verdict came on a batch of pleas that challenged the curbs imposed in Jammu & Kashmir after the Union government curtailed provisions of Article 370 on August 5 last year.

Here are the main points of the Supreme Court order:

1. Internet is a fundamental right under Article 19 of the Constitution.

2. J-K administration must restore Internet services in all institutions providing essential services like hospitals, educational centres.

3. The Jammu & Kashmir administration has to review all curbs within a week.

4. All curbs have to be put in the public domain.

5. Section 144 of the Criminal Procedure Code cannot be used indefinitely.

6. Sec 144 CrPC cannot be used to suppress difference of opinion.

7. Freedom of press is a valuable and sacred right.

8. Magistrates, while passing prohibitory orders under Section 144 of CrPC, should follow the doctrine of proportionality.

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