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SC asks J-K administration to review all orders imposing curbs within 7 days

SC to deliver verdict on Kashmir petitions shortly
SC to deliver verdict on Kashmir petitions shortly
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Published : Jan 10, 2020, 10:31 AM IST

Updated : Jan 10, 2020, 8:50 PM IST

20:47 January 10

Bukhari welcomes apex court order

Former People's Democratic Party (PDP) leader Altaf Bukhari, who had led a delegation of former legislators and politicians which met the Lt Governor of Jammu and Kashmir recently, welcomed the Supreme Court's verdict and hoped for a speedy restoration of internet services in the Union Territory.

20:07 January 10

'What was the emergency on Aug 4,' Sibal asks Shah

Congress leader Kapil Sibal welcomed the Supreme Court order on Internet ban in Jammu and Kashmir, and termed as "path-breaking" its observation that prohibitory orders under CrPC Section 144 cannot be used indefinitely to suppress freedom of speech and expression and difference of opinion.

Sibal also sought to know from Home Minister Amit Shah as to what was the emergency on August 4, 2019, that Internet service suspended was from August 5 "without any reason".

16:22 January 10

Welcome step, govt has to now answer: CPI leader

Welcoming the Supreme Court's judgment on the restrictions imposed in Jammu and Kashmir by the government, senior CPI leader Dr BK Kango told ETV Bharat that the decision was anticipated.

"Ever since Article 370 was withdrawn, lots of restrictions were imposed in the valley. Whether it is movement of people, political leaders and even internet... There were restrictions everywhere," said Dr Kango.

He said that the government is answerable to the people. "The government will now answer to the court which means the government is answering to the people because people approach Supreme Court whenever government does not respond," he said.

13:57 January 10

Welcome apex court's verdict on kashmir restrictions: Congress

Senior Congress leader Rashid Alvi welcomed the Supreme Court's order to review Internet ban and Section 144 in Jammu and Kashmir. However, he remained sceptical about when the situation will become normal.

Speaking to ETV Bharat, Rashid Alvi said that the country is shrouded in darkness and at such a time the Supreme Court is the last ray of hope. Rashid Alvi accused the government for not allowing the opposition to undertake a visit the valley. 

According to the order issued by the Supreme Court, the state administration in Jammu and Kashmir has been asked to start e-service immediately, Rashid Alvi expressed his reaction and said that the loss of the people there will not be recovered. But now after this decision, we can hope that their livelihood will become smooth. 
 

13:40 January 10

Advocate Vrinda Grover on major talking points of the Kashmir verdict

Advocate Vrinda Grover, who represented one of the litigants in the petitions against Article 370 and communication shutdowns in Kashmir valley lays down the major points from the apex court ruling.

13:40 January 10

Lawyer Shadaan Farasat on SC ruling and future implications for Kashmir

13:32 January 10

Advocate Vrinda Grover speaks on the kashmir verdict

"Internet shutdown and other restrictions are against the principles of Indian constitution," said lawyer Vrinda grover.

"The court observed that when you balance liberty and security in Kashmir, the state administration should keep in mind these principles," Vrinda grover said. 

12:44 January 10

Dissent does not mean destabilization: Azad

12:30 January 10

Historic judgement, this time court did not come under any pressure: Azad

Historic judgement, this time court did not come under any pressure: Azad 

Congress leader Ghulam Nabi Azad on Friday hailed the Supreme Court order on Jammu and Kashmir, saying the government had tried to mislead the people and this time the apex court did not come under any pressure.

In a significant ruling, the Supreme Court on Friday said access to the Internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory.

A five-judge bench headed by Justice N V Ramana also asked the J-K administration to restore Internet services in institutions providing essential services like hospitals and educational places.

"We welcome this judgement. This is the first time SC has talked about how people of J-K feel. I would like to thank the SC for a very historic decision and the people from across the country were waiting for it, especially the people of JK," he said. 

"The government of India has misled the entire country. This time the SC was forthright and they didn't come under any pressure," he said. 

11:50 January 10

SC asks govt to review restrictions within a week

The Supreme Court on Friday asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory while holding that access to the Internet is a fundamental right under Article 19 of the Constitution.

SC further said that the internet is one of the major tools of freedom of expression and speech and it cannot be suspended for an indefinite period. The SC in its verdict observed that the use of internet enjoys constitutional protection as tool, which is under the ambit of freedom of speech and expression and also enables people to carry on with their respective profession.

On Section 144 of the CrPC, the apex court said it cannot be used to curb liberty, and this section can be used only where there is likelihood of incitement of violence and danger to public safety.

"Freedom of Internet access is a fundamental right under Article 19(1)(a) of free speech," SC observed. 

SC also directed the JK administration to publish all orders in force and any future orders, imposing restrictions, including the internet shutdown. It further says the administration should publish records of all such restrictions within 7 days, for it to be eligible for legal challenged in court. 

A five-judge bench headed by Justice N V Ramana also asked the J-K administration to restore Internet services in institutions providing essential services like hospitals and educational places.

The verdict came on a batch of pleas which challenged curbs imposed in Jammu and Kashmir after the Centre's abrogation of provisions of Article 370 on August 5 last year.

10:41 January 10

SC frames questions on violation of press freedom, Right to access internet and validity of restrictions in the valley.

"Right to access Internet is a fundamental right," says SC.

10:37 January 10

SC bench assembles to deliver judgement.

"SC cannot decide on political matters, " says Justice Ramana on Kashmir situation.

"Kashmir has seen a lot of violence. We will try our best to balance the human rights and freedoms with the issue of security," says SC. 

10:24 January 10

Kashmir Verdict: SC orders J-K administration to review all restrictions within 7 days

New Delhi: The Supreme Court is scheduled to deliver its verdict shortly, on a batch of pleas including that of Congress leader Ghulam Nabi Azad challenging the restrictions imposed in the erstwhile state of Jammu and Kashmir following the abrogation of provisions of Article 370.

A bench of Justice N V Ramana, Justice R Subhash Reddy and Justice B R Gavai had reserved the judgement on November 27 last year.

On November 21, the Centre had justified restrictions imposed in Jammu and Kashmir after the abrogation of provisions of Article 370 and said that due to the preventive steps taken, neither a single life was lost nor a single bullet fired.

Besides Azad, the apex court had heard the petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and few intervenors questioning restrictions in the valley.

The Centre had referred to terror violence in the Kashmir Valley and said that for the past so many years terrorists were being pushed through from across the border, local militants and separatist organisation had held the civilians captive in the region and it would have been "foolish" if the government would not have taken preventive steps to secure the lives of citizens.

Provisions of Article 370, which gave special status to the erstwhile state of J&K, were abrogated by the Centre on August 5 last year. 

20:47 January 10

Bukhari welcomes apex court order

Former People's Democratic Party (PDP) leader Altaf Bukhari, who had led a delegation of former legislators and politicians which met the Lt Governor of Jammu and Kashmir recently, welcomed the Supreme Court's verdict and hoped for a speedy restoration of internet services in the Union Territory.

20:07 January 10

'What was the emergency on Aug 4,' Sibal asks Shah

Congress leader Kapil Sibal welcomed the Supreme Court order on Internet ban in Jammu and Kashmir, and termed as "path-breaking" its observation that prohibitory orders under CrPC Section 144 cannot be used indefinitely to suppress freedom of speech and expression and difference of opinion.

Sibal also sought to know from Home Minister Amit Shah as to what was the emergency on August 4, 2019, that Internet service suspended was from August 5 "without any reason".

16:22 January 10

Welcome step, govt has to now answer: CPI leader

Welcoming the Supreme Court's judgment on the restrictions imposed in Jammu and Kashmir by the government, senior CPI leader Dr BK Kango told ETV Bharat that the decision was anticipated.

"Ever since Article 370 was withdrawn, lots of restrictions were imposed in the valley. Whether it is movement of people, political leaders and even internet... There were restrictions everywhere," said Dr Kango.

He said that the government is answerable to the people. "The government will now answer to the court which means the government is answering to the people because people approach Supreme Court whenever government does not respond," he said.

13:57 January 10

Welcome apex court's verdict on kashmir restrictions: Congress

Senior Congress leader Rashid Alvi welcomed the Supreme Court's order to review Internet ban and Section 144 in Jammu and Kashmir. However, he remained sceptical about when the situation will become normal.

Speaking to ETV Bharat, Rashid Alvi said that the country is shrouded in darkness and at such a time the Supreme Court is the last ray of hope. Rashid Alvi accused the government for not allowing the opposition to undertake a visit the valley. 

According to the order issued by the Supreme Court, the state administration in Jammu and Kashmir has been asked to start e-service immediately, Rashid Alvi expressed his reaction and said that the loss of the people there will not be recovered. But now after this decision, we can hope that their livelihood will become smooth. 
 

13:40 January 10

Advocate Vrinda Grover on major talking points of the Kashmir verdict

Advocate Vrinda Grover, who represented one of the litigants in the petitions against Article 370 and communication shutdowns in Kashmir valley lays down the major points from the apex court ruling.

13:40 January 10

Lawyer Shadaan Farasat on SC ruling and future implications for Kashmir

13:32 January 10

Advocate Vrinda Grover speaks on the kashmir verdict

"Internet shutdown and other restrictions are against the principles of Indian constitution," said lawyer Vrinda grover.

"The court observed that when you balance liberty and security in Kashmir, the state administration should keep in mind these principles," Vrinda grover said. 

12:44 January 10

Dissent does not mean destabilization: Azad

12:30 January 10

Historic judgement, this time court did not come under any pressure: Azad

Historic judgement, this time court did not come under any pressure: Azad 

Congress leader Ghulam Nabi Azad on Friday hailed the Supreme Court order on Jammu and Kashmir, saying the government had tried to mislead the people and this time the apex court did not come under any pressure.

In a significant ruling, the Supreme Court on Friday said access to the Internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory.

A five-judge bench headed by Justice N V Ramana also asked the J-K administration to restore Internet services in institutions providing essential services like hospitals and educational places.

"We welcome this judgement. This is the first time SC has talked about how people of J-K feel. I would like to thank the SC for a very historic decision and the people from across the country were waiting for it, especially the people of JK," he said. 

"The government of India has misled the entire country. This time the SC was forthright and they didn't come under any pressure," he said. 

11:50 January 10

SC asks govt to review restrictions within a week

The Supreme Court on Friday asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory while holding that access to the Internet is a fundamental right under Article 19 of the Constitution.

SC further said that the internet is one of the major tools of freedom of expression and speech and it cannot be suspended for an indefinite period. The SC in its verdict observed that the use of internet enjoys constitutional protection as tool, which is under the ambit of freedom of speech and expression and also enables people to carry on with their respective profession.

On Section 144 of the CrPC, the apex court said it cannot be used to curb liberty, and this section can be used only where there is likelihood of incitement of violence and danger to public safety.

"Freedom of Internet access is a fundamental right under Article 19(1)(a) of free speech," SC observed. 

SC also directed the JK administration to publish all orders in force and any future orders, imposing restrictions, including the internet shutdown. It further says the administration should publish records of all such restrictions within 7 days, for it to be eligible for legal challenged in court. 

A five-judge bench headed by Justice N V Ramana also asked the J-K administration to restore Internet services in institutions providing essential services like hospitals and educational places.

The verdict came on a batch of pleas which challenged curbs imposed in Jammu and Kashmir after the Centre's abrogation of provisions of Article 370 on August 5 last year.

10:41 January 10

SC frames questions on violation of press freedom, Right to access internet and validity of restrictions in the valley.

"Right to access Internet is a fundamental right," says SC.

10:37 January 10

SC bench assembles to deliver judgement.

"SC cannot decide on political matters, " says Justice Ramana on Kashmir situation.

"Kashmir has seen a lot of violence. We will try our best to balance the human rights and freedoms with the issue of security," says SC. 

10:24 January 10

Kashmir Verdict: SC orders J-K administration to review all restrictions within 7 days

New Delhi: The Supreme Court is scheduled to deliver its verdict shortly, on a batch of pleas including that of Congress leader Ghulam Nabi Azad challenging the restrictions imposed in the erstwhile state of Jammu and Kashmir following the abrogation of provisions of Article 370.

A bench of Justice N V Ramana, Justice R Subhash Reddy and Justice B R Gavai had reserved the judgement on November 27 last year.

On November 21, the Centre had justified restrictions imposed in Jammu and Kashmir after the abrogation of provisions of Article 370 and said that due to the preventive steps taken, neither a single life was lost nor a single bullet fired.

Besides Azad, the apex court had heard the petitions filed by Anuradha Bhasin, Executive Editor of Kashmir Times, and few intervenors questioning restrictions in the valley.

The Centre had referred to terror violence in the Kashmir Valley and said that for the past so many years terrorists were being pushed through from across the border, local militants and separatist organisation had held the civilians captive in the region and it would have been "foolish" if the government would not have taken preventive steps to secure the lives of citizens.

Provisions of Article 370, which gave special status to the erstwhile state of J&K, were abrogated by the Centre on August 5 last year. 

Intro:Body:

Kashmir


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Last Updated : Jan 10, 2020, 8:50 PM IST

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