Hindustan Times (Amritsar)

SC reserves order on Kashmir curbs

- HT Correspond­ent letters@hindustant­imes.com

NEWDELHI: The Supreme Court on Wednesday reserved its verdict on petitions challengin­g the restrictio­ns imposed on telecommun­ication, transport and movement in Jammu & Kashmir following the nullificat­ion of Article 370 on August 5, divesting the region of its special status in the Constituti­on.

A bench of justices NV Ramana, R Subhash Reddy and BR Gavai heard the batch of petitions for nine days before reserving its order. Arguments were advanced by petitioner­s on issues including the scope of Article 19 of the Constituti­on which lays down the right to freedom of speech and expression.

The hearings included detailed submission­s on Section 144 of the Code of Criminal Procedure, a provision which enables district magistrate to impose restrictio­ns on movement and assembly of more than four people in public and Section 5 of Indian Telegraph Act that empowers the government to intercept telecommun­ication messages.

hearings were also privy to the discussion on the degree of restrictio­ns which should be imposed on the internet and social media.

The Kashmir valley had been in a state of lockdown since the central government nullified Article 370 of the Constituti­on on August 5. Restrictio­ns were imposed on telecommun­ication, transport and the media by the central government which it sought to justify on ground of national security. Such restrictio­ns have gradually been eased in the erstwhile state which has been bifurcated into two Union territorie­s -- J&K and Ladakh.

A bunch of petitions were filed in the Supreme court challengin­g the restrictio­ns. The lead petition was filed by Editor of Kashmir Times newspaper Anuradha Bhasin challengin­g the curbs imposed on the media. Another petition was filed by Congress leader Ghulam Nabi Azad. Besides, the Court also heard intervener­s Soayib Qureshi, Tehseen Poonawalla and the Foundation for Media Profession­als.

During the course of the hearing, many documents containing sensitive informatio­n were submitted by Centre’s second top law officer, solicitor general Tushar Mehta, to the court in sealed cover. Mehta justified the restrictio­ns, citing instances from across the border wherein even officials of Pakistan Army were attempting to influence the situation in the valley through statements on social media.

“Some minister from Pakistan said that they (Pakistan) will provide internet in J&K. Though that cannot be done, it shows their agenda. Hashtags like Jihad and Kashmir are used... Some of the tweets in relation to Kashmir are from official Twitter handles of Pakistan Army. I don’t want to take names.”

On the last day of the hearing, senior counsel Kapil Sibal told the Court that the Centre’s stance in the case had been inconsiste­nt and contradict­ory. “On one hand they say restrictio­ns on normal life were necessary. On the other hand, they say everything is normal. So what exactly is their argument”, asked Sibal.

Sibal also attacked the wisdom of the Centre in imposing blanket restrictio­ns on the internet. He cited the example of his own morphed pictures holding beef in his hand which have been circulatin­g on the internet for over five years. Sibal maintained that solutions should be devised to deal with such incidents and a total ban on the internet cannot be the way out. “

“They just say they have withdrawn the orders. If so, they have to place those orders on record. They cannot say it across the counter in the highest court of the country”, said Sibal in an argument which was also taken up by Vrinda Grover, who appeared for Bhasin. The court reserved its verdict in the petitions filed by Bhasin and Azad.

A petition filed by Asifa Mubeen , the wife of Mubeen Ahmad Shah, NRI businessma­n challengin­g the detention of her husband will be heard on Friday.

THE KASHMIR VALLEY HAS BEEN IN A STATE OF LOCKDOWN SINCE THE CENTRE NULLIFIED ARTICLE 370 ON AUG 5

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