Habeas corpus to 4G services: Pleas in SC

NEWDELHI:AUGUST 5 marks the first anniversary of the effective abrogation of Article 370 of the Constitution that conferred special status on Jammu & Kashmir (J&K) and the reorganisation of the state into two Union territories. Numerous petitions have been filed in the Supreme Court against the changes. Here is a look at where those cases stand.

The petitioners included editor of Kashmir Times newspaper, Anuradha Bhasin, and Congress leader Ghulam Nabi Azad.

A three-judge top court bench comprisingjusticesnvramana,rsubhashreddy and BR Gavai heard the case and ruled on January 10 that all restrictive orders should be reviewed by the government.

Importantly, it held that freedom of speech and expression and freedom to carry on trade or profession through the internet was a fundamental right under Article 19 of the Constitution and any order suspending internet services can be only for a temporary duration and not for an indefinite period. Such orders should indicate the reasons for the necessity of suchashutdownandtheyshouldbeputin the public domain, the court ruled.

While the court did say that prohibitionsonfreespeechandmovementwillbe violative of fundamental rights, it did not strike down such prohibitions. Instead, it askedthegovernmentitselftoreviewsuch restrictions. The practical impact of this judgment was little although the government subsequently eased many restrictions in the Valley.