BALANCING NATIONAL SECURITY AND HUMAN RIGHTS- THE SUPREME COURT’S KATZENJAMMER IN THE UT OF J&K
While the internet has reduced the loneliness of lockdown for many, there are a few who do not have the luxury of internet yet. When some of those few registered their protest before the Apex Court of this country, our government submitted before the Hon’ble Supreme Court that the security of the nation should triumph against the fundamental rights of the citizens. The approach does not seem to be problematic provided the formula is applied in the most cautious and well-meaning manner. The legal safeguards envisaged under the Temporary Suspension of Telecom Service (Public Emergency or Public Safety) Rules, 2017 (‘Telecom Suspension Rules, 2017’) , framed under Section 7 of the Telegraph Act, 1885, have been taking the centrestage in such proceedings and must be strictly adhered to. The present post is an informative piece extracting the sum and substance of the Hon’ble Supreme Court’s judgment in ‘Foundation for Media Professionals vs Union Territory of Jammu Kashmir & Anr., (D N...