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Top court points out former L-G G.C. Murmu had recommended it while in office

The Supreme Court on Friday asked the Centre to explain whether 4G Internet could be restored in select areas in Jammu and Kashmir where there was no trouble, saying even former Jammu and Kashmir Lieutenant Governor G.C. Murmu had recommended it while in office.

Mr. Murmu recently resigned from office.

“The L-G has said that there is no difficulty in restoring 4G. You have to give an explanation for that,” Justice R. Subhash Reddy, one of the three judges on the Bench headed by Justice N.V. Ramana, addressed the government side.

Solicitor General Tushar Mehta apprised the court of Mr. Murmu’s departure from office and said a detailed response would be filed on the issue.

“In your response, do not go strictly by whether or not contempt is there. You should also say whether 4G can be restored in areas [which posed no security challenge],” Justice Reddy remarked.

The court posted the case for August 11.

The court is hearing a contempt petition filed by NGO Foundation for Media Professionals that a high-powered special committee was not formed in compliance with a judgment of the top court on May 11 to review the need to continue with the “blanket restrictions” on 4G Internet access in Jammu & Kashmir, especially amid the COVID-19 pandemic.

On July 28, in the last hearing, the Centre told the Supreme Court that it would “verify” reports in the media quoting Mr. Murmu saying 4G Internet speed should be restored in the Valley. Mr. Murmu’s reported recommendation caused a stir as the Centre had been maintaining, and even filed an affidavit in the Supreme Court, that the situation was not ripe to restore high-speed Internet owing to heightened terror activities in J&K. It had agreed to review the situation again after two months.

The Centre has already informed the Supreme Court that a special committee chaired by Union Home Secretary Ajay Kumar Bhalla met twice on the need to review the restrictions placed on high-speed 4G Internet connection in Jammu and Kashmir but deferred its decision on the issue, considering the “startling situation” of continued terror attacks in the Valley.

On May 11, the Supreme Court, acting on a writ petition filed by the Foundation for Media Professionals, directed the Centre and J&K to constitute a special committee with the Secretary, Union Ministry of Home Affairs as Chairperson followed by the Secretary, Department of Communications, Union Ministry of Communications and the Chief Secretary, Union Territory of Jammu and Kashmir.

In its contempt petition and a separate application filed in June, the foundation said that nearly a month had passed since the Supreme Court judgment. There was no record in the public domain about the formation of a special committee “to consider the necessity and proportionality of the ongoing blanket mobile Internet speed restrictions in the entire Union Territory of Jammu & Kashmir” as the court had directed.

‘No action’

In fact, the foundation said, J&K authorities had issued a new order on the very evening of the May 11 judgment, directing Internet service providers to continue a blanket restriction on mobile Internet speed to 2G for the whole of J&K. A representation to explain the order and seeking information about whether the special committee was formed or consulted prior to this order had got no reply.

The petition said the authorities had extended the blanket restrictions on mobile Internet speeds on May 27. This time, the government order had cited terror incidents in the Valley – proving that Internet cuts really did not achieve government’s desired aim. A second representation from the foundation to the authorities on the existence and role of the special committee was again met with stony silence.

“Twenty-nine days have elapsed since this Court expressly directed the special committee to ‘immediately’ determine the ‘necessity’ of the continuation of restrictions on Internet access in Jammu & Kashmir. However, to the best of the petitioner’s [foundation] knowledge, no action has been taken by the special committee, either to comply with this direction or review the J&K government’s orders [dated] 11.05.2020 and 27.05.2020,” the petition said.

The foundation said there was no sign of whether the government had complied with the court direction.

“There is no information available in the public domain about whether the constitution of the special committee has been notified; whether it has conducted any meetings; or passed any orders since it was directed to be established through this Court’s judgement on May 11… Such a lax attitude, especially during a health pandemic and humanitarian crisis, violates both the letter and the spirit of this Court’s judgments which took judicial notice of the concerns relating to the ongoing pandemic and the hardships that may be faced by the people of Jammu & Kashmir,” the petition said.

The petition said the J&K order cited reasons like the “onslaught of summer” and “the melting of snow” as grounds for restricting the Internet speed.

“Such perennial reasons render Internet restrictions permanent and are not based on any emergency or urgency and go against the spirit of the Telecom Suspension Rules,” the petition said.

The petition highlighted that the Supreme Court had itself said in its judgment in the Anuradha Bhasin case that “restrictions cannot be permanent”. If the special committee has been formed, it is supposed to review the ground situation every seven days.

‘Incorrect’ stand

The government stand that Internet speed restrictions did not pose any hindrance to COVID-19 control measures, including use of mobile apps, accessing online educational content or carrying out business activities was “patently incorrect”, the foundation had submitted.

It said the court should revisit the case to enquire from the government about the setting up of the special committee, which should in turn review the Internet restrictions in J&K after considering the material placed on record by the foundation about its unsuitability as a counter-terrorism strategy.

The court should direct the special committee, if notified, to consider the harm suffered by healthcare professionals, students, businesspersons and ordinary people of J&K because of prolonged Internet restrictions.

With inputs from The Hindu

Srinagar: Lieutenant Governor of Jammu and Kashmir Union Territory Manoj Sinha on Friday said that his mission was to bring peace, end militancy and to ensure development by all means here.

“J&K is India’s heaven and crown. I have been given a chance to play a role here. August 5 is a historic day and will be remembered in history. I met some officers and they told me that in the past year, there has been a lot of development in all sectors. I will take forward the same process of development with a speed and vigour,” Sinha told reporters at Rajbhawan Srinagar, soon after taking the oath.

Sinha also said there is a need to instil confidence among the “aam Janata” of J&K in democracy.

“I have no specific agenda and there will be equal treatment with all. I will work for the welfare of people of J&K. I will try on that front and I have spoken to some officers in that regard already. I will be in touch with the media too besides common people of J&K,” Sinha said.

The new LG said that his mission in the J&K UT will be to ensure peace, end militancy and to work for the development by all means.

In response to a question, Sinha said the team of officers, who are part of the system will stay in touch with the people.

“We will listen to the grievances of people and ensure their timely redressal.”

Earlier he took oath as the new LG of the Union Territory of J&K at Rajbhawan here. (KNS)

Srinagar: Three more civilians including a woman were injured as India and Pakistan troops exchanged fire along the Line of Control in Karnah area of north Kashmir’s Kupwara district.

A senior army officer told GNS that Pakistan army resorted to ceasefire violation along the LoC by firing small arms and mortars, resulting in injuries to six civilians at seperate places. “Army gave befitting reply,” he added.

Official sources identified the injured as 42-year-old Hamida Begium wife Mohammad Akbar, Zakir Khan (24) and Nasser Ahmad Khan, all residents of Rangward. All three injured persons were shifted to SDH Kralpora wherefrom the woman has been referred to Srinagar as his condition is stated to be serious, the officials said.

Earlier as many civilians identified as Mohammad Arif from Shamspora, Mohammad Yaqoob from Baghballa Kachadiyan and Syed Rafaqat from Kachadiyan were injured and hospitalized.

Meanwhile, army officials here said that Pakistani army also violated ceasefire along the LoC in Uri by resorting to unprovoked firing.

The Pakistani troops fired small arms and mortar shells in the Boniyar sector of the Uri sector in Baramulla district, they said.

The Army gave a befitting reply to the “unprovoked aggression and retaliated in adequate measure”, they added. However, there were no reports about injury to any person so far. (GNS)

PTI

New Delhi: The government on Thursday appointed Girish Chandra Murmu as the new Comptroller and Auditor General (CAG) of India, a day after he resigned as the Lt Governor of Jammu and Kashmir.

Murmu will succeed Rajiv Mehrishi, a 1978-batch IAS officer of the Rajasthan cadre, who completes his term on August 7.

“…the President has been pleased to appoint Shri Girish Chandra Murmu to be the Comptroller and Auditor General of India with effect from the date he assumes charge of his office,” a notification by the Department of Economic Affairs said.

Earlier in the day, President Ram Nath Kovind accepted Murmu’s resignation as the first Lieutenant Governor of the union territory of Jammu and Kashmir. Former union minister and senior BJP leader from Uttar Pradesh Manoj Sinha was appointed in his place.

Murmu, a 1985-batch IAS officer, had abruptly submitted his resignation on Wednesday — the day the union territory marked the first anniversary of the abrogation of Article 370 of the Constitution, which granted special status to Jammu and Kashmir.

The 60-year-old former IAS officer of the Gujarat cadre had on October 29 last year taken over as the Lieutenant Governor after the state was split into two UTs — Jammu and Kashmir, and Ladakh.

Murmu was Expenditure Secretary in the Ministry of Finance when he was appointed as the Lt Governor of Jammu and Kashmir. He also served as Principal Secretary to Narendra Modi during his tenure as Gujarat Chief Minister.

The CAG is appointed for a term of six years or till the incumbent attains the age of 65 years, whichever is earlier.

As a constitutional functionary, the CAG is primarily entrusted with the responsibility of auditing the accounts of the central and state governments.

CAG reports are laid before Parliament and legislatures of the states.

Srinagar: Sustained counter-terror operations in Kashmir hinterland coupled with strengthening of the Jammu and Kashmir border grid to prevent Pakistan from pushing in militants, has brought down the current number of active militants in J&K to around 200. This, according to J&K DGP Dilbag Singh, is the lowest in past many years, when up to 350-400 militants would be holed up in the Valley at any given time.

Till July 31 this year, 150 militants including 120 local and 30 foreign militants, were neutralised by the security forces. In fact, of the 80 local militants recruited so far this year, 38 have already been eliminated in counter-operations and 22 arrested. The remaining 20 are still active but the forces are on their trail, said the police chief.

Since 2019, the focus of the police and other security forces has been on dismantling the militants’ support infrastructure. Most top Hurriyat leaders were sent to jail, creating a vacuum in separatist leadership; hundreds of overground workers and stone-pelters taken into custody and made to sign bonds of good behaviour before being released; and a massive crackdown on weapon dumps across J&K and arms consignments sent by Pakistan via drones into Samba, Hiranagar in Kathua and Khour or in truck consignments entering from Punjab.

“Apart from creating a shortage of weapons for militants, the seizures have affected local recruitment since the youths are fascinated with the prospect of being armed,” said Singh.

While Militants are being confronted or neutralised in sustained cordon and search operations (CASO) that totalled nearly 5,000 this year, the border grid has been made more robust to restrict militants being pushed by Pakistan. This, Singh noted, has brought down successful infiltration attempts to 26 till July 2020, which is half of the levels in the corresponding period of last year.

Pakistan, said Singh, tries to sustain militancy in the Valley by ensuring that around 300-400 militants are active there at any point of time. If Militant’ numbers start depleting due to fatalities imposed by the security forces, they try to make up by pushing in more foreign militants from across the border. So there has to be a simultaneous neutralisation of active terrorists in the Valley and foiling of fresh infiltration bids duly facilitated by Pakistani forces through ceasefire violations, as per the DGP.

“Ceasefire violations by Pakistani forces grew by 75% from 267 till July 2019 to 487 in corresponding period of 2020. Our forces managed to reduce infiltration by half despite the 75% rise in attempts facilitated by ceasefire violations by Pakistan. However, we need to sustain this as around 350 militants are waiting at launch pads across the border, to sneak into J&K,” said Singh.

While the future strategy would continue to focus on “clean” intelligence-based counter-terror operations with minimum collateral damage, dismantling terrorists’ support network and squeezing terror funding, a Kashmir expert said emphasis must also be laid on tackling radicalisation including self-radicalisation among Kashmiri youths; stepping up youth engagement through sports promotion, skill development and increasing their employability; and bridging the development-aspirational gap. (TOI)