No adverse impact on COVID mgmt, education, other sectors
*Says time not ripe for restoration of 4G services
Mohinder Verma
JAMMU, May 1: Stating that modern terrorism relies heavily on the internet and the same is being used by terror modules operating within Jammu and Kashmir and their handlers from across the border to support fallacious proxy wars, the Government of J&K Union Territory has submitted before the Supreme Court that time is not ripe for the restoration of 4G services.
Moreover, the Government has dubbed the apprehensions that medical professionals and the general public are not able to access latest studies, manuals on treatment and management of Novel Coronavirus (COVID-19) because of 2G internet speed as misconceived on the ground that current speed was sufficient enough to access information on the Government websites.
It has further conveyed to the Supreme Court that a number of innovative measures have been initiated by the J&K Government to ensure that education may not suffer in any manner and all the education/e-learning websites of the Government of India/UT Government are accessible over 2G internet for downloading e-books.
All these aspects have been explained in details by Shaleen Kabra, Principal Secretary to the Government, Home Department, Union Territory of Jammu and Kashmir in an affidavit submitted to the Supreme Court through Additional Standing Counsel Shashi Juneja in compliance to the directions issued in a Writ Petition titled Foundation for Media Professionals Versus Union Territory of J&K.
“The world is fighting a war against an unprecedented pandemic which everyone hopes will be over sooner than later but unfortunately the UT of J&K is also on a continuous war with terrorists-aided, abetted and encouraged from across the border”, the Government said, adding “the pandemic has had absolutely no impact whatsoever on chronic anti-national activities from across the border. Rather there has been a surge in terrorist incidents post-pandemic”.
The Government further said, “post August 2019 constitutional developments, Pakistan handlers, either directly or indirectly, have increased activity on social media intending to and aiming at disturbance of peace in the region, inciting violence and abetting terror activities”.
The Principal Secretary Home Department has further submitted that many hash-tags are being used by the Pakistani handlers to glorify terror outfits/terrorists and portray them as “fighters” for Kashmir’s struggle. “Shadow handles, believed to have been inspired at the behest of Pakistan Army, try to allure people from Kashmir and living outside the country to organize violent protests and rallies at their respective places and also participate in social media campaigns to further their anti-India propaganda”, he added.
Stating that current discourses of social media campaigns infer that Pakistan handles are aiming to incite violence amongst college and university students, the Government said, “the increase in internet speed is verily apprehended to lead to swift uploading and posting of provocative videos and other heavy data files”, adding “various Pakistan based terror outfits are leaving no stone unturned to exploit the present situation as seen by recent infiltration attempts in handling of which many personnel of security forces have lost their lives”.
It has been mentioned in the affidavit, the copy of which is available with EXCELSIOR, that from August 5, 2019 to April 25, 2020, 109 terrorist related incidents took place in the UT of J&K. Of these, 99 incidents were reported from Kashmir province and nine from Jammu province.
In these incidents 30 civilians lost their lives while as 114 others sustained injuries. Moreover, 20 security forces personnel were martyred and 54 security forces personnel sustained injuries. Apart from this, 76 terrorists were killed and 132 terrorists/suspects arrested.
Stating that misuse of data services, applications like Facebook and WhatsApp for mobilising crowds by anti-national elements has the potential to cause large scale violence, disturb public order and indeed threaten the security of the country, the Principal Secretary Home has drawn the attention of the Supreme Court towards the incident when around 500 villagers gathered to attend funeral of a terrorist few days back defying the lockdown and throwing social-distancing norms to the wind.
“Keeping in view circulation of photographs of terrorists of proscribed/prohibited terrorist organizations on social media networking sites to provoke and mislead the public in general and the youth in particular and cause disaffection against the country and such like instances it becomes imperative to take pre-emptive measures including restrictions on access to internet”, the Government said.
It has further been submitted that even when internet services were restored only with white-listed URLs, it was found that miscreants were using different VPNs but because of low speed mobile data services were not able to upload files containing incriminating and other objectionable videos.
“Now that the restrictions on use of social media have been eased if the speed is not limited to 2G the high-speed internet will enable the spread of any fake news/rumours and transfer of heavy data files will become prevalent which may be utilized by terror outfits for incitement as also in planning attacks”, the Government has further submitted, adding “Pakistan based terrorism handlers instigating youth to join terrorism are using messaging applications to communicate as also to raise the morale of terrorists. However, 2G mobile data services considerably restrict the use of such applications”.
Moreover, it has been submitted that VOIP services/ encrypted messaging etc that are utilized for infiltration via Line of Control as also communication from across the border, depend upon high speed internet.
Stating that modern terrorism relies heavily on the internet and the same is being used to support fallacious proxy wars by raising money, recruiting and spreading propaganda, the Government has submitted before the Apex Court that restoration of 4G mobile data services will substantially increase the use of social media and other online platforms for uploading propaganda material with resultant deterioration in law and order situation in the Kashmir valley.
“Right to access the internet is not a fundamental right and thus the type and breadth of access for exercising the right to freedom of speech and expression under Article 19 or to carry on any trade or business under this Article of the Constitution of India through the medium of internet can be curtailed”, the Government said, adding “the sovereignty and integrity of India, the security of UT, public order or incitement to an offence, would certainly warrant curtailing the freedom of speech and expression”.
It has further been submitted that decision as to whether controlled access to the internet is still warranted depends upon the assessment of ground situation and hence orders for a very limited duration are passed and these are subject to strict review.
About misuse of mobile data services during the current COVID-19 pandemic, the Government has conveyed to the Supreme Court that there are umpteen rumours relating to number of positive COVID-19 cases/deaths thereby creating chaos and panic.
For instance, there was health related fake news of prominent people in J&K like that of Chairman of All Party Hurriyat Conference Syed Ali Shah Geelani in whose case a route plan was also mentioned guiding general public on how to reach Eidgah Srinagar in the eventuality of his demise.
“Even the highest court has not been spared from the ill-effects of habitual fake news propaganda which took place very recently and in respect of this very petition. An FIR was lodged at Cyber Police Station Kashmir Zone since a fake order purporting to be a Record of Proceeding of the Supreme Court in this writ petition wherein it has been falsely reflected that administration of UT of J&K has been ordered to take a quick review within 24 hours to restore full internet communication in the region”, the Government has mentioned in the affidavit.
It has further been submitted that at times it becomes impossible to even confine the restrictions to a particular area given the geography and topography of the Kashmir division.
About the apprehensions that medical professionals and general public are not able to access latest studies, manuals on treatment and management of COVID-19 because of 2G internet speed, the Government has submitted that WhatsApp chatbots and health infographics can operate easily within the low speed internet range (2G- Bandwidth). Moreover, the information regarding COVID-19 is also available on various social media platforms which can be easily accessed on low speed 2G internet.
“Fixed line internet connectivity (broadband and optical fibre lines) without any speed related restrictions enable institutions, businesses and essential services including hospitals to access information without any hindrance”, the Government said.
Though all educational institutions have been closed but teaching facilities are being provided to students largely through offline mode and to a very limited extent through online mode.
“A well-organized systematic plan has been put in place through lectures/ classes delivered at home through TV and Radio”, the Government further said, adding the Education Department has initiated a video lecture series by lecturers/resource persons. Further, tele-classes have begun through WhatsApp groups, phone calls and phone conferencing in addition to on air programmes via television and radio etc to cater to student population that may not have access to computer/other infrastructure”, the affidavit said.
Moreover, a number of innovative measures have been initiated by Samagra Shiksha, J&K through various applications/platforms to ensure that class-work/education may not suffer, in any manner, throughout the UT of J&K.
“Education is being imparted to students by conducting tele talks/classes and also through various television channels. Wherever possible, while observing COVID-19 guidelines, text books are being provided to students at their doorsteps to facilitate learning and lessons are being provided by subject experts on YouTube and WhatsApp”, the Government has mentioned in the affidavit.
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