Kashmir: Restrictions and communications shutdown should be reviewed, Supreme Court to Centre

The Supreme Court today asked the Central government to review the situation in Kashmir as regards the restrictions and the communications shutdown in the aftermath of the abrogation of Article 370..The Supreme Court Bench of Justices NV Ramana, R Subhash Reddy, and BR Gavai was hearing a number of cases concerning restrictions imposed on the press and those relating to the communications shutdown in Kashmir when it made these remarks..On mutual agreement of all the parties, the Court agreed to defer the hearing till November 5. However, Justice Ramana, while adjourning the matter, said,.“About internet restrictions, people have to ultimately have a mode of communication…”.Weighing in, Justice Reddy added,.“You may have to impose restrictions, but the situation will have to be reviewed.”.Solicitor General Tushar Mehta, defending the Centre’s decision, submitted that the situation was being reviewed daily. He asserted that restrictions had been lifted from 99% of the areas in Kashmir. This was met with sharp response from Advocate Vrinda Grover, who said that internet restrictions were still in place..Mehta argued that the restrictions were required, keeping in mind the present situation..“This has trans-border implications, let us not have an ostrich approach. After a certain terrorist was killed in 2016, there was internet shutdown for three months, the petitioner didn’t come to the Court then.”.Grover, however, went on to counter the argument of trans-border implications. She pointed out that according to the position taken by the Centre and the numbers cited, the cross-border terrorism figures have gone down..The Court then told the Centre that the views of the Court on restrictions have been expressed..The hearing in the petitions will be held on November 5, after the Court reconvenes from the Diwali vacation..On the last date of hearing, the Court pulled up the Centre for not placing on record the orders concerning the shutdown and restrictions in the Kashmir region..The plea filed by Kashmir Times Editor Anuradha Bhasin highlights that the shutdown of internet and telecommunication and allied restrictions violates the freedom of speech and expression under Article 19, the right of the public to information, and the right to practice one’s profession..The other pleas challenging the information and communications blackout in Jammu & Kashmir, which have been listed before the same three-judge Bench, include a plea against the alleged illegal detention of children by security personnel and a plea for the restoration of landlines and high-speed internet in hospitals and medical establishments..[Read Order]