Excelsior Correspondent
Srinagar, May 8: High Court today sought response from the authorities by next week on banning the social media including websites and messaging application recently.
Justice Ramalingam Sudhakar sought response in a petition filed by one Raja Faisal Malik through his advocate Salen Peerzada challenging the order passed by Home Department banning therein the transmission of messages through various social networking sites and instant messaging services.
State Counsel B A Dar (AAG) asked for copy of petition so that he could respond the contentions raised in the petition and court directed him to file the same by next week.
Government prohibited all Internet Service Providers from transmitting any message or class of messages from any person or class of persons through numerous social networking sites for a period of one month from the date of the order.
Government invoked Sub-Section 2 of Section 5 of the Indian Telegraph Act 1885 read with Indian Telegraph (Amendment) Rules 2007 for passing the prohibitory order. By virtue of the order impu-gned, the State Government has curtailed access to numerous social networking sites including Facebook, Twitter etc.
Petitioner advocate while arguing the matter submitted that the access to internet is a fundamental right of the petitioner. The impugned order, advocate Saleh said, imposes unreasonable restrictions based on unjustifiable reasons that are devoid of any legal sustenance.
“The curtailment of access to internet by the state is tantamount to infringement of freedom of speech and expression and basic human right. The reason as provided in the impugned order being inadequate and vague cannot circumvent the guarantees of the constitution and cannot qualify the tests of Article 19 of the constitution”, reads the petition.
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