'Willful Disobedience': Contempt of Court petition claims Govt ignoring SC order in J&K Internet Curb matter

A contempt of Supreme Court petition has been filed, making Union Home Secretary Ajay Kumar Bhalla and Chief Secretary of Jammu and Kashmir Union Territory B.V.R. Subrahmanyam parties, for their “willful disobedience” of a May 11 apex court direction to “immediately” establish a Special Committee to determine the necessity of continuing “blanket restrictions” on 4G Internet access in Jammu & Kashmir, especially amid the COVID-19 pandemic.

On May 11, the Supreme Court, acting on a petition filed by the Foundation for Media Professionals, had directed the Centre and J&K to constitute a Special Committee with the Secretary, Union Ministry of Home Affairs as Chairperson, followed by the Secretary, Department of Communications, Union Ministry of Communications, and the Chief Secretary, Union Territory of Jammu and Kashmir, as members.

In its contempt petition and a separate application, the Foundation, represented by advocate Shadan Farasat, said nearly a month has passed since the Supreme Court judgment. There is no record in the public domain about the formation of a Special Committee “to consider the necessity and proportionality of the ongoing blanket mobile Internet speed restrictions in the entire Union Territory of Jammu & Kashmir” as the court had directed.

In fact, the Foundation said, J&K authorities had issued a new order on the very evening of the May 11 judgment, directing Internet service providers to continue a blanket restriction on mobile internet speed to 2G for the whole of J&K. A representation to explain the order and seeking information about whether the Special Committee was formed or consulted prior to this order, had got no reply.

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