Excelsior Correspondent
SRINAGAR, May 16: The High Court today granted 10 days to Government to reply on a petition seeking lifting of ban on social media including some websites and messaging application in the State last month.
The court of Justice Ramalingam Sudhakar sought the Government reply on a petition filed by one Raja Faisal Malik through his advocate Salen Peerzada challenging the order passed by Home Department banning the transmission of messages through various social networking sites and instant messaging services for one month in the first instance thereafter it may be extended.
Appearing counsel for Government insisted before the court that he be given two weeks more time to file the reply in opposition to the petition seeking quashing the order of ban on social media. He further submitted that the situation has not improved in the State and the social media is being misused to provoke the situation in Kashmir. He also added that about 100 people have died because of the mischief played on the social media and it is for that purpose that the Government is regulating the social media in Kashmir.
The State Government on 26.04.2017 passed an order for stopping the transmission of various social networking sites and instant messaging services giving reasons of misuse of social media, transmission of objectionable content by anti-national and subversive elements for disturbing public order and to spread dissatisfaction among public at large in the Kashmir valley against State administration and security forces.
Government as such 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.
That the Government while passing the ban order has invoked sub-section 2 of Section 5 of the Indian Telegraph Act 1885 read with Indian Telegraph (Amendment) Rules 2007 to prohibit the use of social media for some time. By virtue of the order impugned, the State Government has curtailed access to numerous social networking sites including Facebook, Twitter etc.
The order has been passed for blocking the social networking websites and instant messaging, has been passed for the intended reason of keeping the subversive elements from sharing or uploading objectionable content with the view to sub serve the interests of the State, primarily for maintaining public order. The impugned order bars all Internet Service Providers from allowing access to the websites mentioned therein for a period of month.
Petitioner has sought quashing the impugned Government order no. HOME/ISA/476 of 2017 dated 26.04.2017 being ultra vires to the constitution through the medium of the instant petition.
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