26
Tuesday
May 2020
12:27 AM IST
News Headlines
Need to find a way to outlast Pujara in summer series: Cummins        La Liga can resume week of June 8 - Spanish Prime Minister        Extend loan automatically to all eligible borrowers without fear of 3Cs: FM to banks        Will try to restart international flights before August: Puri        Iran warns US not to interfere with Venezuela oil shipment        Sri Lanka to ease coronavirus restrictions from May 26        Coronavirus cases cross 10,000-mark in Ahmedabad, 24 deaths        Amphan toll rises to 85 in Bengal; protests over electricity, water supply        Prisoners aged above 60 to be released on emergency parole to decongest jail in Delhi        Record jump in COVID-19 cases, 137 more deaths        Bryant items fetch premium prices, Trout card sets record        Baseball players respond to MLB on virus protocols        RBI extends moratorium on loans for another 3 months till Aug        Sensex, Nifty turn choppy; RIL jumps on KKR deal        Quarantine must for domestic air travellers: Kerala govt        At least 57 killed in Pakistan passenger plane crash in Karachi        China introduces new security bill in parliament to tighten controls over Hong Kong        Trump lashes out at scientists whose findings contradict him        COVID-19 death toll climbs to 3,583 in India        Pak troops shell LoC areas in twin sectors of Poonch, Rajouri        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | Health   | About Deepika 
Main News
Internet shut down in J-K cannot be indefinite, says SC
 
New Delhi: The Supreme Court Friday said complete suspension of telecom and internet services indefinitely is impermissible and directed the Jammu and Kashmir administration to review "forthwith" all the orders suspending them. Restrictions contemplated under Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 are temporary in nature and any order suspending internet must adhere to the principle of proportionality and must not extend beyond necessary duration, the top court said.

A bench of Justices N V Ramana, R Subhas Reddy and B R Gavai said: "The existing Suspension Rules neither provide for a periodic review nor a time limitation for an order issued under the Suspension Rules. Till this gap is filled, we direct that the Review Committee constituted under Rule 2(5) of the Suspension Rules must conduct a periodic review within seven working days of the previous review, in terms of the requirements under Rule 2(6)". The apex court''s verdict came on a plea by Congress leader Ghulam Nabi Azad and Kashmir Times Editor Anuradha Bhasin, who have challenged the restrictions imposed in erstwhile state of Jammu and Kashmir post abrogation of provisions of Article 370 of the Constitution.

"An order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017," it said. The bench said orders which are not in accordance with the law laid must be revoked and in future, if there is a necessity to pass fresh orders, the law laid down must be followed. It also directed the administration to consider forthwith allowing government websites, localized/limited e-­banking facilities, hospitals services and other essential services, in those regions, wherein the internet services are not likely to be restored immediately.

The bench said, "We think it necessary to reiterate that complete broad suspension of telecom services, be it the Internet or otherwise, being a drastic measure, must be considered by the State only if ''necessary'' and ''unavoidable". In furtherance of the same, the State must assess the existence of an alternate less intrusive remedy". It said that the Suspension Rules lay down certain safeguards, keeping in mind the fact that an action under the same has a large effect on the fundamental rights of citizens.

"The appropriate balancing of the factors differs, when considering the stages of emergency and accordingly, the authorities are required to triangulate the necessity of imposition of such restriction after satisfying the proportionality requirement," it said. The top court also voiced concern over Suspension Rules not providing for publication or notification of the orders and said it is a settled principle of law, and of natural justice, that an order, particularly one that affects lives, liberty and property of people, must be made available. "Any law which demands compliance of the people requires to be notified directly and reliably.

This is the case regardless of whether the parent statute or rule prescribes the same or not. We are therefore required to read in the requirement of ensuring that all the orders passed under the Suspension Rules are made freely available, through some suitable mechanism," it said. The top court said that if the orders are made public, the aggrieved or affected party can challenge them in appropriate forum as it is their constitutional right. "An aggrieved person has the constitutional right to challenge the orders made under the Suspension Rules, before the High Court under Article 226 of the Constitution or other appropriate forum", it said and directed that all the procedural safeguards are followed by the authorities.

Suspension Rules have certain gaps, which are required to be considered by the legislature, it said. Highlighting one of the gaps, the bench said that though Suspension Rules use word "temporary", there is no indication of the maximum duration for which a suspension order can be in operation.


Record jump in COVID-19 cases, 137 more deaths
RBI ramps up economic support; cuts interest rates, extends loan moratorium
One check-in bag to fare control: Govt issues guidelines for domestic flight operations from May 25
Landfall process of cyclone 'Amphan' begins
18 Migrants Killed In Separate Accidents In UP, Maharashtra And Bihar
Buses, taxis, autos to ply; malls to remain shut
India's COVID-19 death count rises by 120, record jump of nearly 5,000 new cases
Stop acting like money lender give cash rather than credit Rahul Gandhi to govt
Govt unleashes bold reforms; to raise FDI in defence production; open coal, mineral mining
Third tranche of economic stimulus will help rural economy, boost farmers'' income: PM
2nd tranche of eco package to focus on migrant workers, small farmers: FM
CAPFs canteens to sell only indigenous products from June 1: Amit Shah
Rlys makes installing Aarogya Setu mobile app 'mandatory' for travel
COVID-19 death toll rises to 2,206; cases climb to 67,152
75 pc COVID-19 cases in Delhi are asymptomatic or with mild symptoms: Kejriwal
COVID continues to accelerate at over 3,000 cases per day; recovery rate improves to 29.9 pc
Flight from Riyadh carrying stranded Indians reaches Kerala
Vizag gas leak 'disturbing', closely monitoring situation: Amit Shah
Kerala all set to receive evacuated Pravasi Malayalees: CM
COVID-19: Repatriation of Indian nationals from the UK and UAE to start from Thursday
KERALA NEWS
Quarantine must for domestic air travellers: Kerala govt
 Thiruvananthapuram: Domestic flyers arriving in Kerala must undergo strict home quarantine as per th  
12 fresh COVID-19 cases in Kerala, total rises to 642
Central financial package lacks public healthcare initiatives: Kerala CM
29 fresh cases in Kerala; Over 67,000 under observation
INTERNATIONAL NEWS
Iran warns US not to interfere with Venezuela oil shipment
 Tehran: Iran's president on Saturday warned the United States not to interfere with a shipment of oi
Sri Lanka to ease coronavirus restrictions from May 26
At least 57 killed in Pakistan passenger plane crash in Karachi
China introduces new security bill in parliament to tighten controls over Hong Kong
NATIONAL NEWS
Coronavirus cases cross 10,000-mark in Ahmedabad, 24 deaths
 Ahmedabad: Coronavirus cases in Ahmedabad crossed the 10,000-mark and rose to 10,001 after 277 new p
Amphan toll rises to 85 in Bengal; protests over electricity, water supply
Prisoners aged above 60 to be released on emergency parole to decongest jail in Delhi
COVID-19 death toll climbs to 3,583 in India
Untitled Page
Rashtra Deepika LTD
Copyright @ 2020 , Rashtra Deepika Ltd.