The Congress on Friday hailed the Supreme Court judgment on the Internet clampdown in Jammu and Kashmir as “historic” because no government henceforth will be able to shut down communication links and normal activities on the whims of those who govern like “irrational emperors”.

Congress leader and senior advocate Kapil Sibal told a media conference: “Governments can’t act like irrational emperors. They can’t pass orders like sultans, shutting down communication, imposing Section 144 without giving specific reasons in writing. Suspending emergency services has been declared impermissible. Specific guidelines have now been issued.”

Contending that the petition was filed by Congress leader Ghulam Nabi Azad as credible information was not available to anyone, Sibal said: “It is a very big decision by the Supreme Court. It’s historic. Now the decisions — to suspend Internet and telephone and to impose Section 144 — will be tested on the principle of proportionality and reasons will have to be given in writing.”

Sibal added: “The court has ruled that repetitive orders under 144 is abuse of power. We didn’t know why restrictions were imposed on the entire Jammu and Kashmir. The courts didn’t know. Millions of people suffered. The court has now laid down the law. People can challenge the grounds on which Section 144 is imposed if they are not reasonable. And emergency services like e-banking, healthcare can’t be suspended. The government just can’t say there is danger; danger has to be in nature of emergency.”

This order will have wider ramifications as BJP government at the Centre and in several states used Section 144 to curb dissent, particularly in the context of the amended citizenship law. The governments have been particularly ruthless in states like Uttar Pradesh and Gujarat. Friday’s order will affect these state governments as the court specifically said that the power of Section 144 cannot be used to suppress expression of dissent.

In Uttar Pradesh, while peaceful protesters attracted brute reprisal by the police, Congress leader Priyanka Gandhi Vadra was stopped from meeting families of activists because Section 144 was in force. Priyanka had also tweeted that Section 144 was in force in Varanasi for 359 of the 364 days in 2019.

The court said orders not consistent with the law must be revoked.

Sibal said: “The court ruled: we declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of Internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). The restriction upon such fundamental 127 rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.”

Particularly in the context of Kashmir where Internet was suspended for months, this order is a severe indictment of the Narendra Modi government.

The court said: “An order suspending Internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017. Suspension can be utilised for temporary duration only. Any order suspending Internet issued under the Suspension Rules, must adhere to the principle of proportionality and must not extend beyond necessary duration.”

Azad expressed “happiness” at the order, saying: “This government tried to destroy the geography, history, culture and economy of Jammu and Kashmir. The people had faith in the Supreme Court. The Internet was shutdown to curb criticism of the government. Terror and disorder were only excuses. The Centre wanted to crush dissent. The court has now said that cannot be done. The order is a slap in the face of Modi government.”

Former home minister P. Chidambaram said: “The SC order is a rebuff to the unconstitutional and arrogant stance of the central government and the J&K administration on the restrictions imposed in J&K. The entire team in J&K that designed and executed the plan should be changed. A new set of administrators who respect the Constitution should be appointed. The former governor of J&K, Satpal Malik, should own responsibility and resign from his present post of Governor, Goa.”

Randeep Surjewala tweeted: “The court delivers first big jolt of 2020 to illegal activities of the Modi government by stating importance of the internet as a fundamental right. Double shock for Modi-Shah that dissent cannot be oppressed by imposing Section 144. Modiji reminded that nation bows before the Constitution and not him!”