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Another Order has been passed by the Home Department of the Government of Jammu and Kashmir, extending the limits on internet speed in the Union Territory of Jammu and Kashmir until 17 June 2020.
The Order comes after the Supreme Court, on 11 May, directing the Secretary of the Union Ministry of Home Affairs to constitute a "special committee," to examine the issues posed by the petitioners in a plea seeking to restore 4 G speed internet services in Jammu and Kashmir.
The Supreme Court had stated that:
"...we are of the view that since the issues involved affect the State, and the nation, the Review Committee which consists of only State level officers, may not be in a position to satisfactorily address all the issues raised."
Accordingly, a Special Committee was to be constituted, comprising of Secretaries at the State as well as the National level to "look into the prevailing circumstances and immediately determine the necessity of the continuation of the restrictions in the Union Territory of Jammu and Kashmir". It is important to note here that the instant order passed by the Government of Jammu and Kashmir to extend internet speed restrictions does not mention any potential feedback from the Special Committee to be formed as directed by the Supreme Court.
The Order goes on to state that during the period between 12th May, 2020 to 27th May, 2020, in a bid to prevent "likelihood of misuse of the data services by the anti-national elements for mobilizing the crowds and creating law and order situation", mobile internet services and even mobile cellular services (voice and SMS), had to be suspended for a limited period of time in specific areas due to a rise in the number of encounters and terror incidents, specifically that of Nawakadal.
On the lines that numerous instances of terrorist attacks, which depend on internet access, have disrupted public order in the UT, the continuation of the restrictions was justified.
"Whereas there have also been multiple instances of terrorist attacks, including attacks on security forces – leading to even death of the SF personnel, and attempts to encourage terrorism through uploading and circulation of provocative videos and false propaganda – largely relying on internet connectivity, to disturb the public order".
The Order reports suggest that "anti-national elements" converse with their handles across the border through the use of Voice on Internet Protocol ( VOIP) and encrypted mobile communication, leading to an increase in terrorist infiltration in the UT.
It is further stated that these restrictions have not impeded COVID-19 control measures, "including the use of mobile apps, access to online educational content or conducting business activities, but have effectively checked the unfettered misuse of social media for incitement and propagation and coordination of terror activities."
Thus, taking into account the overall security scenario and the reports of law enforcement agencies that "revealed the need for speed-related restrictions on mobile data services to prevent internet misuse," the J&K government ordered that the directions / restrictions remain in effect until June 17, 2020, unless previously updated.
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