On Thursday the Supreme Court dismissed a request to implement the guidelines it issued in 2020 pertaining to state-imposed internet shutdowns. The bench, consisting of Justices BR Gavai, Dipankar Datta, and Aravind Kumar, asserted that the petitioner had alternative legal avenues to pursue for the enforcement of the guidelines.

On January 10, 2020, the Supreme Court underscored the protection of constitutional rights such as freedom of speech and conducting business on the internet. The directive specifically addressed the Jammu and Kashmir administration, urging a prompt reassessment of the restrictions imposed at that time.

The court clarified that administrative authority under Section 144 of the Criminal Procedure Code (CRPC), aimed at restricting assembly, should not be misused to suppress legitimate expressions of opinion, grievances, or the exercise of democratic rights.

During the recent hearing, the bench expressed disapproval of reopening a previously resolved matter through miscellaneous applications, concluding with a succinct "Thank you. Dismissed." Justice Gavai acknowledged the court's error in issuing notice on the plea, signaling recognition of a mistake in handling the case.

The petitioner's counsel argued that the authorities had failed to adhere to the Supreme Court's directives in its January 10, 2020, verdict. In response to a notice issued on May 11, the Supreme Court had sought a response from the Centre.

In its 2020 judgment, the Supreme Court instructed the authorities in Jammu and Kashmir to promptly reassess all orders that suspended internet services, emphasizing the revocation of orders not in compliance with the law. The court asserted that the suspension of internet services cannot be prolonged indefinitely and directed the authorities to consider allowing government websites, localized e-banking, and essential services in areas where immediate service restoration was not anticipated.

The Supreme Court, in its statement, reiterated that constitutional protection under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession, carry on any trade, business, or occupation) extends to internet-mediated freedom of speech, expression, and professional activities.

The 2020 Supreme Court judgment was a response to petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and Congress leader Ghulam Nabi Azad. These petitions challenged internet restrictions in Jammu and Kashmir following the central government's decision to revoke Article 370 of the Constitution on August 5, 2019.