A paramilitary soldier searching a man in Srinagar, Jammu and Kashmir, during curfew on August 8, 2019. (Photo: AP)

The Supreme Court observed Friday that the Centre's actions in Kashmir weren't justified by an excuse or reason of emergency.

The top court asked the territory's government to publish all orders on Internet suspension and travel restrictions to enable legal challenges.

It also asked for a review of all orders on unlawful assembly (Section 144) and Internet suspension within seven days, followed by weekly periodic reviews.

The region has been under a lockdown since early August 2019, when the Home Ministry told Parliament that Jammu and Kashmir, then a state, would lose its special status and be split into two Union Territories -- J&K and Ladakh. The bifurcation came into effect on October 31.

'RIGHT TO INTERNET ACCESS FUNDAMENTAL'

The Supreme Court said repetitive Section 144 orders were an abuse of power.

Such orders can't be used to suppress legitimate expression, and their use needs to be justified by concerns of immediate violence, it said.

The right to access Internet is a fundamental right under Article 19 of the Constitution, and total shutdowns are "drastic" measures that should be considered only when "absolutely necessary", the Supreme Court said.

"We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality." - Supreme Court

The Supreme Court asked the authorities to consider allowing internet services in limited circumstances.

Here's what it said:

"In any case, the State/concerned authorities are directed to consider forthwith allowing government websites, localised/limited ebanking facilities, hospitals services and 128 other essential services, in those regions, wherein the internet services are not likely to be restored immediately." - Supreme Court

A digital rights group, Access Now, recently reported that the internet shutdown in the region was the longest in a democracy.