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BENGALURU, Karnataka — The Supreme Court of India declared that the right to access the Internet is a fundamental right—but stopped short of ordering the immediate restoration of Internet services in Kashmir. On Friday Jan 10, Justice NV Ramana said the court would not delve into the political intent behind the orders as he read out his orders . The court stated that Internet suspension without any particular duration and indefinitely is a violation of Telecom Rules, and has directed the administration to review all orders of restrictions in Kashmir within a week. You can read the full judgement here. The Modi-government imposed internet shutdown in Kashmir, now in its 159th day, will be reviewed under the Telecom Suspension Rules, 2017. For the latest news and more, follow HuffPost India on Twitter, Facebook, and subscribe to our newsletter. “The judgement will need to be studied and may give grounds for challenge in future to the rules,” said Apar Gupta, a lawyer with Internet Freedom Foundation, a digital rights advocacy group told HuffPost India. “From what has been posted here It seems it does not do much and the present status quo will continue in Kashmir.” “The only effective order at present seems to be an administrative review of the Internet shutdowns, which almost seems that the primary function of judicial review has been avoided by the Supreme Court,” Gupta added. The Internet Freedom Foundation also noted some highlights from the judgement, tweeting, “State should disclose all section 144 orders and Internet shutdown orders proactively. If it wants to claim privilege it must specifically do so on affidavit. All existing and future orders to be published to allow aggrieved persons to challenge them.”

“Internet shutdowns cannot be ordered to suppress speech unless there is incitement to violence or similar reasons. Indefinite suspension of the Internet [is] not permissible. Periodic review must be conducted in accordance with Telecom suspension rules.” “Today the Supreme Court of India has finally put an end to the dubious practice of using Section 144 Criminal Procedure Code to shut the Internet down. This had become a norm in the past few years, regularly used by Police and State Governments that had made India the shutdown capital of the world with around 381, disruptions since 2012,” said Mishi Choudhary, Technology Lawyer and Managing Partner, Mishi Choudhary Associates. “Although the order grants no immediate relief to the people of Kashmir who have been without internet for the past 159 days, review under Telecom Suspension Rules has been ordered.” Choudhary noted that these rules, known as the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, were issued under the Indian Telegraph Act, 1885. “According to these rules, an order for suspension of telecom services can be made by a ‘competent authority’, which for the Government of India would be the Secretary in the Ministry of Home Affairs. Incase of a state government, the Secretary to the State Government in charge of the Home Department,” Choudhary explained. “The Supreme Court of India like the Kerala High Court has recognized the right to freedom of speech and expression through the Internet to be part of Article19 (1) (a). This is what a Court that moves with times must hold and has done so. Hopefully, from now on authorities will follow their own rules and not circumvent procedures to curb legitimate expression,” she added.

Doctors couldn’t treat patients, students couldn’t appear for exams, many tech startups that were seen as a ray of hope in the region have faltered, caused the region economic hardship and silenced peaceful protests.