- Apprentice Lawyer
- Legal Jobs
The Supreme Court today pulled up the Centre for not placing on record the orders concerning the shutdown and restrictions in the Kashmir region.
The three-Judge Bench of Justices NV Ramana with R Subhash Reddy and BR Gavai asked Solicitor General Tushar Mehta today why the orders concerning the imposition of restrictions in Jammu and Kashmir were not placed on record.
Mehta told the Court that a rejoinder was filed by the Centre when the matter was taken up the previous time. Advocate Vrinda Grover, arguing for Kashmir Times Editor Anuradha Bhasin told the Court that the government’s rejoinder still had not touched upon the orders imposing restrictions. This point was raised in the counter affidavit filed by Bhasin some days ago.
The Bench, in turn, asked SG Mehta why these orders were not placed on record.
“Is it done purposefully?” the Court queried.
Solicitor General Tushar Mehta argued that the petition originally prayed only for the lifting of the curbs in the region. The situation on ground is changing gradually. The petitioner has now expanded the scope of the prayer to seek production of the orders also, Mehta argued.
Grover objected to this submission to say that the petition seeks production of these orders as the first point of prayer so that the validity of the decisions can be examined. The Court acknowledged and agreed with Grover’s submission on this. Solicitor General Mehta, however, said,
“We will place on record these orders but nobody can seek an appeal on executive orders concerning the National Security, especially not the Petitioners.”
Senior Counsel Dushyant Dave, representing one of the petitioners in the case, interjected to respond to Mehta’s submission and said,
“We are not sitting in appeal on administrative orders but we can tell the Court that the material you have placed is inadequate.”
The Court proceeded to direct the Centre to place on record all the orders relating to shutdown and detention in Kashmir. Should the Centre not wish to divulge reasons for not placing any order on record, an affidavit detailing the reasons is to be filed for the same. The Court has fixed the next date of hearing on October 25.