New Delhi, Oct 1: A 5-judge Supreme Court bench that was hearing a bunch of petitions on the abrogation of Article 370 and other issues in Kashmir has granted the Centre four weeks’ time to reply to all pleas challenging the move.
The Supreme Court constitution has granted the government 28 days’ time to reply to all Kashmir petitions and one week to the petitioners to file their responses after the government’s reply.
The petitions on Kashmir will again be heard on November 14. Supreme Court has allowed the Centre and J&K administration to file counter-affidavits on petitions challenging scrapping of Article 370.
Attorney General KK Venugopal sought 4 weeks’ time while Solicitor General for Jammu and Kashmir also sought the same amount of time to file replies to the bunch of petitions.
The petitioners however opposed the Centre’s demand and said that the move will render all petitions infructuous or pointless.
This will be applicable to all petitions that were filed till Tuesday and the court said that the Supreme Court registry will not entertain any further writ petitions on the same issue.
Even as deadline for implementing the bifurcation of Jammu and Kashmir is on October 31, the Centre and J&K government has been given four weeks’ time to file reply to petitions challenging the abrogation of Article 370 and J&K Reorganisation Act.
The court refused to pass any order on the implementation of J&K Reorganisation Act and said any such move “can turn back the clock if we decide in your favour”. (Agencies)
‘Personal liberty must be balanced against nat’l security’
Press Trust of India
New Delhi, Oct 1: The Supreme Court on Tuesday said that it was important to balance the personal liberty of individuals with national security concerns while hearing petitions challenging the restrictions placed on media and communications since August in Jammu and Kashmir, Bar and Bench reported.
The restrictions were imposed on August 5, when the Union government scrapped special status for Jammu and Kashmir under Article 370 of the Indian Constitution. Nearly two months after the decision, restrictions continue to be in place in many parts, with several Opposition political figures also under detention. The government has defended its measures citing law and order concerns.
Senior advocate Sanjay Hegde, who was arguing for a Kashmiri law student, said that the situation in the Valley was not normal and it had experienced a “sustained media and communications blackout” for 57 days. “Liberty does not mean mere animal existence,” Hegde said. “Right to communicate with loved ones is included in the right to liberty.”
In response, Justice BR Gavai said: “Personal liberty will have to be balanced against the requirements of national security.” Gavai and Justices NV Ramana and R Subhash Reddy were hearing a batch of petitions filed by AnuradhaBhasin, the executive editor of Kashmir Times, activist TehseenPoonawalla and Foundation of Media Professionals, on the Kashmir matter on Tuesday.
Senior counsel Meenakshi Arora, who was arguing for Poonawalla, said that these petitions also raised the question of fundamental rights. “Can fundamental rights be pushed under the carpet,” she asked.
Advocate Vrinda Grover, who was representing Bhasin, asked under which notification communication lines were snapped in Kashmir, according to Live Law.
The court asked the Centre to respond to all the petitions that have been tagged with Bhasin’s and said it will next hear the matter on October 16. In her petition, AnuradhaBhasin claimed that the “information black hole” in the Kashmir Valley was continuing despite the administration’s claims that restrictions were being withdrawn. She added that the movement of journalists in Srinagar was being curbed.
Solicitor General Tushar Mehta, appearing for the Jammu and Kashmir administration, told the court that if mobile and internet facilities were restored in the Valley, fake WhatsApp messages would be circulated across the border and could lead to violence. He added that all landlines were working and there were no restrictions on the movement of people.
A five-judge Supreme Court Constitution Bench on Tuesday granted the Centre four weeks to file its response to a batch of petitions challenging the abrogation of Jammu and Kashmir’s special status under Article 370 of Constitution. The Constitution Bench will hear the matter next on November 14.
These pleas have challenged the communication blockade in the state, the alleged illegal detention of children, and the impact of restrictions on healthcare. Three petitions against the security clampdown have been filed by advocates ML Sharma, Shakir Shabir and Soyaib Qureshi. National Conference Lok Sabha members Mohammad Akbar Lone and Hasnain Masoodi have filed a petition under Article 32 of Constitution, which allows the Supreme Court to issue any order to protect the fundamental rights of citizens. Child rights experts EnakshiGanguly and Shanta Sinha have filed a plea seeking clarity about reports of children being illegally detained by security forces.
A group of former defence personnel and bureaucrats, who have served in Jammu and Kashmir, have also challenged the Narendra Modi government’s decisions. A petition has also been filed by Communist Party of India (Marxist) leader Mohammed Yousuf Tarigami, challenging the validity of the revocation of the state’s special status.
No curbs on movement of media personnel: Centre
Press Trust of India
New Delhi, Oct 1: The Central government on Tuesday filed a counter-affidavit in a petition filed by Kashmir Times editor AnuradhaBhasin challenging the curb on media in Jammu and Kashmir in wake of the abrogation of its special status.
In the affidavit, the Centre contended that there are no restrictions on the movement of the media personnel in the region. “Regular press briefings and press releases are being organized to disseminate the information,” it stated.
The government said that the restrictions were imposed on the internet, mobile and landline telephones so as to prevent the dissemination of “rumors, fake propaganda, and activities that could disturb public order and tranquillity”.
They said that the attempt to engender the normalcy is being stalled by “separatist elements and militants”. “There have been numerous threats to common citizens from terror outfits threatening them from resuming normal salubrious life in the Kashmir valley,” the affidavit stated.
The health services are functioning normally, it said, adding that there is sufficient stock of essential and life-saving drugs and other medical requirements across the hospitals in the region.
Refuting this, advocate Meenakshi Arora, appearing on the behalf of Bhasin, told the court that people are not being able to access the health care facilities in the region.
The top court also admitted an intervention application filed by Foundation for media professionals, through President ParanjuGuhaThakurta and Indian Journalists Union, in the case.
On this, the court has asked Centre to file an affidavit and posted the matter for hearing on November 16.
Bhasin filed the petition after the government on August 5 scrapped the provision of the article, which took away the special rights enjoyed by the people of Jammu and Kashmir and bifurcated the state into two Union Territories – Jammu and Kashmir and Ladakh. The UTs will come into being on October 31.
