The Supreme Court will pronounce its verdict on Friday in the petitions challenging the internet and communication shutdown in the Kashmir valley.
The judgment will be pronounced by a bench of Justices NV Ramana, R Subhash Reddy and BR Gavai in two pleas, one by Editor of Kashmir Times newspaper Anuradha Bhasin and the other by Congress leader Ghulam Nabi Azad. Besides these two, various intervenors had also argued against the imposition of such restrictions.
The case has its genesis in the decision taken on August 5, 2019 by the central government to abrogate Article 370 of the Constitution thereby revoking the special status of the state of Jammu & Kashmir. The Kashmir valley was simultaneously placed under a shutdown in a bid to stifle protests and dissents which were widely anticipated.
Telephone lines, mobile communication and internet services were stopped and restrictions were imposed on press and transport within the Valley.
A slew of petitions were filed challenging such blanket restrictions on telecommunication and press which the petitioners argued were in violation of their fundamental right to speech and expression and the right to move freely under Article 19 of the Constitution.
The central government had told the court that restrictions were imposed pursuant to orders under Section 144 of Code of Criminal Procedure – a provision which enables District Magistrate to impose restrictions on movement and assembly in public. The Centre had sought to justify the restrictions on the ground of national security.
Centre’s second senior-most law officer, Solicitor General Tushar Mehta, told the court that misuse of social media and internet by separatists and military and political leaders of Pakistan had necessitated curbs on internet.
While maintaining that there were no restrictions in the whole state, Mehta had underscored that tweets and trending hashtags on social media by mischievous elements justified the restrictions imposed.
He had also argued that restrictions were imposed based on intelligence inputs and in specific areas where law and order problems could be expected.
The petitioner had, however, maintained that blanket restrictions affecting a whole state cannot be imposed under Section 144 of CrPC and can be done only by proclaiming emergency under Article 352 of the Constitution.
“If their interpretation of Article 19 is accepted it will become worse than ADM Jabalpur. Tomorrow it can happen anywhere. If there are upcoming elections, they can impose Section 144 and shut down all communication,” senior advocate Kapil Sibal appearing for Azad had told the court.
A brief timeline since abrogation of Article 370:
August 5, 2019: Article 370 is revoked
August 10, 2019: Anuradha Bhasin moves Supreme Court challenging restrictions on media
September 12, 2019: Ghulam Nabi Azad moves Supreme Court challenging restrictions imposed in Kashmir
November 5, 2019: Supreme Court commences hearing in the petitions
November 27, 2019: Supreme Court reserves verdict
January 10, 2020: Judgment to be pronounced
