The Supreme Court’s much-awaited judgment on whether or not to permit 4G internet services in Jammu and Kashmir proved to be anticlimactic, with the apex court refusing to take a call on the issue. Instead, the apex court has passed the buck to a Special Committee.

As per the SC Judgment, the 3-member Special Committee will be headed by the Secretary of Home Affairs and also include the Secretary of Ministry of Communications and Chief Secretary of J&K. This Special Committee under the MHA Secretary has been tasked to decide on allowing 4G access, even as the Centre has long been arguing against it, citing national security.

The apex court has also directed the Special Committee to consider the suggestions by the petitioners to limiting the internet restrictions to sensitive zones while allowing 3G/4G services in certain geographical areas.

The SC observed in the judgment that in cases such as these “national security’ needs to be balanced with “human rights”. The SC judgment records that it takes this responsibility with “utmost seriousness”. The SC also noted that it is cognizant of the concerns relating to the ongoing pandemic and the hardships that “may be faced by the citizens”.

The SC had been hearing pleas seeking restoration of 4G internet services in J&K, especially in times of the COVID-19 pandemic. The petitioners had argued that the internet restrictions, currently limited to only 2G, impacts the right to health, right to education, right to do business, and the right to free speech and expression.

The plea had submitted that, during the pandemic, internet limitations are keeping the locals from accessing healthcare advice and counselling, digitally. As per the plea, students were also adversely impacted, unable to access e-learning services. At the very least, the petitioners had urged the court to limit the internet restrictions to only a few sensitive zones.

This position was opposed and attacked by the government in court. The Attorney General had argued that matters of national security are best left to those in charge. He also argued that even the fundamental rights were subject to matters of national security. He also submitted that with rising insurgencies and the potential for fake news and disinformation campaigns, it was not advisable to lift internet restrictions.

The Solicitor General also pitched in. He submitted that necessary information on the Covid-19 pandemic can be accessed on 2G networks. He also brought to the court’s attention that there were no restrictions on fixed-line networks. Describing the situation as ‘grave” and “volatile”, the SG pointed out that as many as 108 terrorist incidents have occurred between August 5, 2019, and April 25, 2020.