In Brief
In this landmark judgment on Kashmir's 2019 communication shutdown, the Supreme Court addressed whether the government could restrict internet, mobile, and landline services. The Court held that freedom of speech and expression, including through the internet, is constitutionally protected under Article 19(1)(a) and 19(1)(g). Internet shutdowns must adhere to proportionality principles and cannot be indefinite. Orders restricting fundamental rights must be published and made available for judicial review. Orders under Section 144 CrPC must state material facts enabling scrutiny and cannot suppress legitimate expression or democratic rights. The Court rejected blanket restrictions and mandated that authorities consider less intrusive alternatives and balance security with individual liberty.
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