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<\/span><\/figcaption><\/figure> NEW DELHI: Notifications and orders shutting down mobile, landline<\/a> and internet services<\/a> in Jammu and Kashmir<\/a> following the abrogation of provisions of Article 370<\/a> were \"illegal and unconstitutional\", the Supreme Court was told Tuesday. A bench headed by Justice N V Ramana was told that even after 90 days, communication services -- data, internet<\/a>, pre-paid mobiles<\/a> and SMS -- were not operational in the Kashmir Valley, affecting the working of the media.

Advocate Vrinda Grover, appearing for Executive Editor of Kashmir Times Anuradha Bhasin who has challenged the restrictions imposed in the Valley, said the state has the power to put reasonable restrictions on the rights conferred under Article 19 (protection of certain rights regarding freedom of speech) but it cannot extinguish the right itself.

\"There is absolute communications shutdown from August 4. It requires to be tested by this court. Yes, there can be reasonable restrictions on rights under Article 19 but the same cannot extinguish the right itself,\" she told the bench, also comprising Justices R Subhash Reddy and B R Gavai.

Grover argued that orders issued by the authorities were with regard to reduction of speed of 3G and 4G data but the
internet<\/a> service was totally shut down.

\"This order is illegal and unconstitutional,\" she said while referring to one of the orders issued by the Inspector General of Police (IGP) of Kashmir zone.

\"There is complete non-application of mind while issuing these orders. These are bald orders,\" she said.

She argued that the
Jammu and Kashmir<\/a> administration has said in its affidavit that for national security and to prevent loss of life, certain measures were taken.

Grover said authorities have claimed that
internet services<\/a> could be misused by \"anti national elements\" but their own data shows that incident of terrorist violence has gone down.

\"Is their any proximate nexus between internet and terrorist violence?,\" she said, adding that, \"90 days are over now. The word 'temporary' will lose its meaning if the restrictions still continue\".

Referring to the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and Indian Telegraph Act, she said that restrictions could be imposed only for temporary period and it cannot be enforced for longer time.

She said the media has got protection under the Constitution and freedom of press can be curbed only through a reasoned and specific order.

\"So, according to you, general order of prohibition does not apply in your case unless special orders with reasons are passed?,\" the bench asked.

Responding to the query, the lawyer while referring to the rules said, \"Yes. There has to be order with specific reasons with regard to press\".

Grover also said that if the authorities had apprehension about misuse of internet services, then why the
landline<\/a> phone services were shut down.

\"But wi-fi uses landline. At our residence, we use landline for wi-fi,\" the bench asked

To this, the counsel said landline phones do not require data services at all.

\"Even today, people in Kashmir cannot use data on their mobile phones,\" she said during the arguments which would continue on Wednesday.

The top court had on October 24 asked the Jammu and Kashmir administration as to how long they intend to continue the restrictions, including internet blockade, imposed in the valley.

It had said authorities may impose restrictions for national interest but they have to be reviewed from time to time.

Bhasin had earlier told the bench that the Centre and J&K administration had suppressed from the top court the orders and notifications on the basis of which physical and communication restrictions were imposed in the valley.

However, the J&K administration had said those orders and notifications would be placed before the top court but those cannot be shared with the petitioners.<\/body>","next_sibling":[{"msid":71923563,"title":"India to see M&A deals worth $52 bn in 2019","entity_type":"ARTICLE","link":"\/news\/india-to-see-ma-deals-worth-52-bn-in-2019\/71923563","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":71924678,"entity_type":"ARTICLE","title":"Orders for phone, internet services shutdown in J&K \"illegal & unconstitutional\", SC told","synopsis":"A bench headed by Justice N V Ramana was told that even after 90 days, communication services -- data, internet, pre-paid mobiles and SMS -- were not operational in the Kashmir Valley, affecting the working of the media.","titleseo":"telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":101,"shares":0,"engagementtimems":426000,"url":"https:\/\/ettelecom.indiatimes.com\/telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told\/articleshow\/71924678.cms"},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2019-11-05 18:08:04","lastupd":"2019-11-05 18:08:04","breadcrumbTags":["Jammu and kashmir","internet services","landline","pre-paid mobiles","Article 370","Internet"],"secinfo":{"seolocation":"telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2019-11-05" data-index="article_1">

订单电话、互联网服务关闭J&K“违法和违宪”,SC告诉

长椅上为首的正义N V拉被告知,即使在90天之后,通信服务——数据网络,预付费手机和短信,没有操作在克什米尔山谷,影响媒体的工作。

  • 发布于2019年11月5日下午06:08坚持
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新德里:通知和命令关闭手机,固定电话互联网服务查谟和克什米尔以下规定的废除第370条是“违法和违宪”,最高法院周二被告知。长椅上为首的正义N V拉被告知,即使在90天之后,通信服务——数据互联网,预付费手机和短信,没有操作在克什米尔山谷,影响媒体的工作。

主Vrinda Grover,出现的执行编辑克什米尔倍阿哈挑战限制在山谷,说国家有权把合理限制的权利授予在第十九条(关于言论自由的某些权利的保护)但不能扑灭权利本身。

广告
“有绝对通信从8月4日关闭。它需要被测试的法院。是的,可以有合理的限制权利在第十九条但同样不能扑灭的权利本身,”她告诉法官,也包括法官Subhash Reddy和B R R Gavai。

格罗弗认为,当局对发行的订单减少的速度,但3 g和4 g数据互联网服务完全关闭。

“这是非法的,违反宪法的,”她说,指的是一个警察总监签发的订单(显卡)的克什米尔地区。

“心灵的完整的非应用而发行这些订单。这些都是秃头的订单,”她说。

她认为,查谟和克什米尔政府在其证词表示,国家安全,防止人员伤亡,是采取某些措施。

格罗弗说当局声称互联网服务可能被滥用的“反国家元素”,但他们自己的数据显示,恐怖暴力事件下降了。

”是他们的网络暴力和恐怖主义之间有什么直接关系吗?,”她说,并补充说,“现在90天已经过去了。“临时”一词就会失去意义,如果限制仍继续”。

广告
指的规定暂停电信服务(公共紧急或公共安全)规则,2017年,印度电报法案》,她说,只能临时段施加的限制,不能长时间执行。

她说,媒体有保护宪法和自由媒体只能通过合理的限制和特定的顺序。

“所以,根据你,一般的顺序禁止不适用于你的案子,除非特殊原因传递订单吗?,”法官问道。

响应查询,律师虽然指的是规则说,“是的。必须有秩序与特定的原因关于新闻”。

格罗弗还说,如果当局逮捕滥用互联网服务,那么为什么固定电话电话服务被关闭。

“但wi - fi使用固定电话。在我们的住所,我们使用无线固话,”法官问道

律师说,固定电话不需要数据服务。

在克什米尔”即使在今天,人们不能使用手机的数据,”她说,在周三的争论将继续。

最高法院已于10月24日要求查谟和克什米尔政府多久他们打算继续限制,包括互联网封锁,在谷中。

它表示,当局可能施加限制的国家利益,但他们必须审查。

Bhasin说此前曾对中心和J&K政府镇压的长椅上从最高法院命令和通知的基础上,物理和沟通限制被强加在了山谷。

然而,J&K政府曾表示,这些订单和通知将被放置在最高法院请愿者但那些不能被共享。
  • 发布于2019年11月5日下午06:08坚持

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<\/span><\/figcaption><\/figure> NEW DELHI: Notifications and orders shutting down mobile, landline<\/a> and internet services<\/a> in Jammu and Kashmir<\/a> following the abrogation of provisions of Article 370<\/a> were \"illegal and unconstitutional\", the Supreme Court was told Tuesday. A bench headed by Justice N V Ramana was told that even after 90 days, communication services -- data, internet<\/a>, pre-paid mobiles<\/a> and SMS -- were not operational in the Kashmir Valley, affecting the working of the media.

Advocate Vrinda Grover, appearing for Executive Editor of Kashmir Times Anuradha Bhasin who has challenged the restrictions imposed in the Valley, said the state has the power to put reasonable restrictions on the rights conferred under Article 19 (protection of certain rights regarding freedom of speech) but it cannot extinguish the right itself.

\"There is absolute communications shutdown from August 4. It requires to be tested by this court. Yes, there can be reasonable restrictions on rights under Article 19 but the same cannot extinguish the right itself,\" she told the bench, also comprising Justices R Subhash Reddy and B R Gavai.

Grover argued that orders issued by the authorities were with regard to reduction of speed of 3G and 4G data but the
internet<\/a> service was totally shut down.

\"This order is illegal and unconstitutional,\" she said while referring to one of the orders issued by the Inspector General of Police (IGP) of Kashmir zone.

\"There is complete non-application of mind while issuing these orders. These are bald orders,\" she said.

She argued that the
Jammu and Kashmir<\/a> administration has said in its affidavit that for national security and to prevent loss of life, certain measures were taken.

Grover said authorities have claimed that
internet services<\/a> could be misused by \"anti national elements\" but their own data shows that incident of terrorist violence has gone down.

\"Is their any proximate nexus between internet and terrorist violence?,\" she said, adding that, \"90 days are over now. The word 'temporary' will lose its meaning if the restrictions still continue\".

Referring to the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and Indian Telegraph Act, she said that restrictions could be imposed only for temporary period and it cannot be enforced for longer time.

She said the media has got protection under the Constitution and freedom of press can be curbed only through a reasoned and specific order.

\"So, according to you, general order of prohibition does not apply in your case unless special orders with reasons are passed?,\" the bench asked.

Responding to the query, the lawyer while referring to the rules said, \"Yes. There has to be order with specific reasons with regard to press\".

Grover also said that if the authorities had apprehension about misuse of internet services, then why the
landline<\/a> phone services were shut down.

\"But wi-fi uses landline. At our residence, we use landline for wi-fi,\" the bench asked

To this, the counsel said landline phones do not require data services at all.

\"Even today, people in Kashmir cannot use data on their mobile phones,\" she said during the arguments which would continue on Wednesday.

The top court had on October 24 asked the Jammu and Kashmir administration as to how long they intend to continue the restrictions, including internet blockade, imposed in the valley.

It had said authorities may impose restrictions for national interest but they have to be reviewed from time to time.

Bhasin had earlier told the bench that the Centre and J&K administration had suppressed from the top court the orders and notifications on the basis of which physical and communication restrictions were imposed in the valley.

However, the J&K administration had said those orders and notifications would be placed before the top court but those cannot be shared with the petitioners.<\/body>","next_sibling":[{"msid":71923563,"title":"India to see M&A deals worth $52 bn in 2019","entity_type":"ARTICLE","link":"\/news\/india-to-see-ma-deals-worth-52-bn-in-2019\/71923563","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":71924678,"entity_type":"ARTICLE","title":"Orders for phone, internet services shutdown in J&K \"illegal & unconstitutional\", SC told","synopsis":"A bench headed by Justice N V Ramana was told that even after 90 days, communication services -- data, internet, pre-paid mobiles and SMS -- were not operational in the Kashmir Valley, affecting the working of the media.","titleseo":"telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":101,"shares":0,"engagementtimems":426000,"url":"https:\/\/ettelecom.indiatimes.com\/telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told\/articleshow\/71924678.cms"},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2019-11-05 18:08:04","lastupd":"2019-11-05 18:08:04","breadcrumbTags":["Jammu and kashmir","internet services","landline","pre-paid mobiles","Article 370","Internet"],"secinfo":{"seolocation":"telecomnews\/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told"}}" data-news_link="//www.iser-br.com/news/orders-for-phone-internet-services-shutdown-in-jk-illegal-unconstitutional-sc-told/71924678">