An internet facilitation center in J&K (File photo)

NEW DELHI: The Supreme Court on Thursday sought response of the Centre and Jammu and Kashmir government on a PIL seeking 4G internet connectivity in the Union Territory, required to conduct virtual classes for students.

After the Union government's decision to scrap special status to Jammu and Kashmir under Article 370 and divide the state into two UTs, the mobile and internet services remained suspended for a long period of time. Later the authorities had gradually opened up the telecom services and provided 2G connectivity for mobile and internet services citing that the telecom services could be misused for terrorist activities and militancy.

Appearing for petitioner 'Foundation for Media Professionals', senior advocate Huzefa Ahmadi told a bench of Justices N V Ramana, R Subhash Reddy and B R Gavai, which assembled at Justice Ramana's Janpath residence, that it is extremely necessary to enhance connectivity in Jammu and Kashmir during the lockdown period. After a brief hearing the bench issued notices to the Union and UT governments and ordered that the notice be served on the standing counsel through email.

Petitioners challenged the March 26 order of home ministry restricting internet speed in mobile data services to 2G only, and providing internet connectivity only with Mac-binding, terming it violative of Articles 14, 19, 21, and 21A of the Constitution of India. It sought restoration of 4G internet services in J&K, which too it said faces the Covid-19 challenge.

The petitioner quoted Justice Ramana-led bench's January 10 judgment on J&K, which had ruled that freedom of trade and commerce through internet are fundamental rights under the Indian Constitution, and that government imposed restrictions on use of internet has passed the test of proportionality. As of December 30, 2019, J&K had 1,03,20,749 wireless subscribers (necessary for mobile internet) and 1,32,743 wireline subscriber base (or fixed line internet connectivity).

The petitioner said in the absence of 4G network, "medical professionals have repeatedly expressed their concern about wasting precious time trying to download the latest studies, protocols, manuals and advisories on treatment and management of COVID 19. In some cases, doctors are not able to access these resources at all, due to the internet speed being too slow to download heavy files."

"Restricted internet speed is directly impacting ability of children of Jammu & Kashmir to exercise their fundamental right to education since schools are unable to shift to online mode of instruction, as in rest of the country. Restricted internet speed also makes it impossible to follow government-mandated “work from home” policy, especially for businesses in the Information Technology and IT Enabled Services) sector, thus affecting their rights under Article 19(1)(g) of the Constitution.

