Favouring Public Order Over Justice

The Supreme Court's order on the Internet shutdown in J&K was a statist expression of law

- Apar Gupta

Last week, the Supreme Court gave its much-awaited judgment on the legality of the telecommunications and Internet shutdown orders in Jammu and Kashmir (J&K), in place for more than 160 days now. Given the centrality of the Internet in our lives and the fact that the preceding weeks had seen such shutdowns in Uttar Pradesh, Rajasthan, Madhya Pradesh and Delhi, the ruling was eagerly awaited across the country. However, in its language, structure and the relief granted, the verdict came across more as one premised on legal centrism than one advancing fundamental rights.

After acknowledging in the first paragraph that India is a “land of inherent contradictions”, the court immediately assumed the role of an acrobat which had to “strike a balance between the liberty and security concerns” rather than rule in favour of citizens’ rights. That said, it is important to understand that the scope of the constitutional challenge before the court was narrow by design. The petitioners, with considered and strategic thought, did not challenge the underlying power of the Central government to turn off telecommunications and Internet connectivity. The focus of their challenge was not the Telegraph Act and the Internet Suspension Rules that enabled the government to shut down the Internet, but squarely on the orders passed under these laws.

Reluctance to furnish orders