Lok Sabha Question No. 1405 (UNSTARRED), answered on 2020-09-20
Subject: Detention under Public Safety Act
Ministry: HOME AFFAIRS
Asked by: Rahul Gandhi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1405

TO BE ANSWERED ON THE 20 TH  SEPTEMBER, 2020/BHADRAPADA 29, 1942 (SAKA)

DETENTION UNDER PUBLIC SAFETY ACT

1405. SHRI RAHUL GANDHI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the details of political leaders detained under the Public Safety Act in Jammu and Kashmir since August 5, 2019 and the period of detention;

(b) the details of the detainees yet to be released;

(c)  whether  the  Government  proposes  to  restore  4G  services  in  Jammu  and Kashmir;

(d) if so, the timeline for restoration of 4G services;

(e) whether the Government has examined the impact of restriction of 4G services on the provisioning of essential services and online education during the COVID-19 pandemic in Jammu and Kashmir; and

(f) if so, the details thereof?

ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) & (b) The Government of Jammu and Kashmir has reported that in view of the constitutional  changes  effected  by  the  Parliament  with  regard  to  the  erstwhile State  of  Jammu  and  Kashmir  in  August,  2019,  various  measures  were  taken  to maintain public order which included preventive detention of certain persons. As on 11.09.2020, 223 persons are under detention.

(c) & (d)   The telecom/internet services  are regulated under the  Indian Telegraph

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## LS.US.Q.NO.1405 FOR 20.09.2020

Act, 1885 and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. The restrictions are imposed in the interests of the sovereignty  and  integrity  of  India,  the  security  of  the  State  and  for  maintaining public order, as provided under section 5 (2) of the Indian Telegraph Act, 1885.

The internet services are already available in Kashmir on fixed line (without any speed related  restrictions)  as  well  as  Mobile  Data  services  (at  2G  speed)  since 24.01.2020.  Restrictions  on  accessing  Social  media  sites  were  also  lifted  on 04.03.2020. Further,  from  16.08.2020,  high  speed  mobile  data  services  too  have been commenced in the districts of Ganderbal and Udhampur.

The regulation of internet has been undertaken, for limited duration, with orders being issued from time to time, after due assessment, in accordance with the law and with strict adherence to the principles laid down and directions contained in the judgment of the Hon'ble Supreme Court of India.

(e)  &  (f)    The  businesses  have  had  access  to  internet  through  fixed  line connectivity  without  any  speed  restrictions.  Prior  to  that,  internet  kiosks  were opened  in  large  numbers  across  the  Valley.  However,  due  to  the  pandemic, economic activities have been impacted to some extent.

The  2G  mobile  internet  speed  is  not  an  impediment  in  covid  control  measures including  dissemination  of  information  to  the  general  public  as  well  as  health workers.   Also,   e-learning   apps   and    education /e-learning   websites  of   the

## LS.US.Q.NO.1405 FOR 20.09.2020

Government are accessible over 2G internet for downloading e-books and  other study  material.  The  restriction  on  high  speed  mobile  internet  services  has  not been  an  impediment  in  the  administration  of  justice;  the  Courts  have  taken special measures to conduct their proceedings during the pandemic by providing video links/URLs to the lawyers and the litigants.

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