J&K administration defends 4G ban in SC, says 'internet is not a fundamental right'

Defending ban of 4G internet services in Jammu and Kashmir, administration on Wednesday said that right to access to internet is t a fundamental right. Submitting its response in Supreme Court on  plea filed by Foundation for Media Professionals seeking restoration of 4G internet services in union territory, JK administration also added that internet is an enabler of rights and t a right in itself and that present 2G speed of internet does enable one to create, access, utilize and share information and kwledge.

"It is submitted that right to access internet is t a fundamental right and thus type and breadth of access for exercising right to freedom of speech and expression under Article 19(1)(a) and/or to carry on any trade or business under Article 19(1)(g) of Constitution of India through medium of internet can be curtailed," 35-p affidavit filed by Jammu and Kashmir administration said.

"It is submitted that internet is an enabler of rights and t a right in itself and that present 2G speed of internet does enable one to create, access, utilize and share information and kwledge," it added.

Centre has t yet restored 4G internet services in J-K and had provided 2G services after apex court's January 10 order asking it to review all orders of suspension.

READ: Landline-based broadband Internet to be restored in Kashmir in next few days: Sources

What's J-K administration opined on restoration of 4G?

J-K administration opines that 4G services are used to circulate provocative and false videos, messs in time, thus, disturbing law and order situation in valley. "Internet is being used to support fallacious proxy wars by raising money, recruiting and spreading propaganda/ideologies and prevalence of internet provides an easy inroad to young impressionable minds," it said in its affidavit. 

READ | SC gives Centre till Sunday to respond on plea seeking 4G internet restoration in J&K

In its affidavit, J-K has also named Pakistan and its attempt to create disbalance in valley. "Pakistan-based terrorism handlers like TRF and TMI, instigating youth to join terrorism, are using messaging applications to communicate as also to raise morale of terrorists; however, 2G mobile data services considerably restrict use of such applications." It has also given details about 108 terrorism-related incidents took place with 99 incidents being reported from Kashmir province, while nine ors from Jammu province.

" misuse of data services, applications like WhatsApp and Facebook for mobilising crowds by anti-national elements has potential to cause large-scale violence, disturb public order and indeed threaten security of country," affidavit added.

READ | SC orders review of restrictions in J&K; says restore internet for 'essential services'

On healthcare services during Covid-19

Quashing claims of petitioner that during Covid 19 pandemic and demands by various local politicians including former chief ministers - Mehbooba Mufti, Omar Abdullah and Farooq Abdullah, J-K administration claimed that it is taking all possible steps to ensure that minimum inconvenience is caused to citizens while keeping vital issues of national security and internal security as a paramount consideration. "It is submitted that administrative authorities concerned are best suited to assess and handle situation depending upon peculiar needs and facts brought within ir special kwledge," affidavit said.

READ | 'Archaic 2G t functional': Mehbooba Mufti slams Centre over internet restoration in J-K