The Supreme Court ordered the government on Friday to publish the final decisions of the committee which reviews internet suspension orders in the Union Territory of Jammu and Kashmir.
A three-judge Bench headed by Justice BR Gavai however agreed with the government that the internal deliberations of the review process need not be made public.
The court did not delve on whether the reasons or findings of the review committee need to be published. The Bench said it was for an individual petitioner to raise the plea in the appropriate forum or court that non-existence of reasons, if any, in a final review order affected their right to challenge.
“We are not going into that aspect,” Justice Gavai remarked.
Solicitor General Tushar Mehta, appearing for the government, said the review process was an “internal check” into the proportionality of the temporary suspension orders.
The hearing was based on a miscellaneous application filed by the Foundation for Media Professionals seeking compliance with a Supreme Court judgment in the Anuradha Bhasin case in January 2020.
The judgment had found indefinite suspension of internet and telecom services “impermissible”. The court had laid down interim procedural safeguards to ensure that authorities did not misuse its powers under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 in the Valley.
It had said 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.
Under Rule 2(5), the review committee would consist of the Chief Secretary; Secretary Law or Legal Remembrancer InCharge, Legal Affairs; and Secretary to the State government (other than the Home Secretary).
