Jammu and Kashmir, a region disputed between Pakistan and India, enjoyed a special status under Article 370, granting it autonomy and the ability to have its own constitution.
On 05.08.2019, the President of India issued a constitutional order, effectively abrogating Article 370 and enforcing all provisions of the Indian Constitution on Jammu and Kashmir.
On the same day, District Magistrates invoked Section 144, restricting freedom of movement and public gatherings, while communication networks, including landline, mobile, and internet services, were discontinued.
The petitioner, a journalist, faced logistical difficulties due to the restrictions and was unable to publish her newspaper for several weeks.
ISSUES
Can the government exempt themselves from producing restriction orders?
Does the freedom of trade and commerce through the internet fall under Article 19 of the Indian Constitution?
Is the prohibition of internet access valid and in compliance with constitutional provisions?
Is the imposition of Section 144 justified under the circumstances?
Were the restrictions imposed a violation of the freedom of press guaranteed under the Indian Constitution?
CONTENTIONS
Petitioner: The restrictions imposed violated Article 19, lacked proportionality, and infringed upon the freedom of press.
Respondents: The restrictions were deemed necessary for maintaining peace and security in the region; selective internet shutdown was not feasible due to technical limitations.
COURT REASONING
The freedom of trade and commerce through the internet falls within the ambit of Article 19 of the Indian Constitution, and any restrictions imposed must adhere to the principles of proportionality.
Orders under the Suspension Rules must undergo periodic reviews to ensure proportionality and compliance with Section 5(2) of the Telegraph Act.
While Section 144 grants powers to maintain public order and tranquility, it cannot be used to impede democratic rights, and any restrictions must be proportional.
JUDGEMENT
The Court ruled that the State cannot indefinitely impose internet shutdowns, and any restrictions must conform to the provisions of Article 19 of the Indian Constitution.
Orders issued under the Suspension Rules must undergo periodic reviews to evaluate their proportionality and compliance with relevant laws.
Section 144 cannot be used to hinder democratic rights, and any restrictions must be proportional to maintain a balance between individual rights and public order.