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Pleas alleging clampdown in Kashmir 'incorrect': Centre to SC

Solicitor General Tushar Mehta commenced his submissions before a bench headed by Justice NV Ramana, on Thursday. The Centre told the Supreme Court that it had been relaxing the curbs imposed in Jammu and Kashmir after modification of Article 370 and claimed that the pleas alleging "complete clampdown" was incorrect and irrelevant. He further added that, various central legislations were not applicable in the state before modification of Article 370.

Solicitor General Tushar Mehta to JK administration
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Published : Nov 21, 2019, 12:44 PM IST

Updated : Nov 21, 2019, 4:34 PM IST

New Delhi: The Centre on Thursday told the Supreme Court that it had been relaxing the curbs imposed in Jammu and Kashmir after modification of Article 370 and claimed that the pleas alleging "complete clampdown" was incorrect and irrelevant.

Solicitor General Tushar Mehta, appearing for the Centre and Union Territory Jammu Kashmir, commenced his submissions before a bench headed by Justice NV Ramana and justified certain restrictions imposed in the region after the modification of Article 370 which had given special status to the then state of Jammu and Kashmir.

Mehta told the bench that relaxations have been given in the region since August 13th and it was not a complete clampdown as projected by petitioners and said that the pleas including one filed by senior Congress leader Ghulam Nabi Azad, alleging restrictions, are incorrect, irrelevant and have out-lived their utility.

He said that various central legislations were not applicable in the state before modification of Article 370 and laws such as Right to Information and prohibition of child marriage were not applicable to the state earlier.

The Solicitor General told the bench that the authorities have applied their minds in imposing or lifting curbs in the region and services such as post-paid mobile service restarted on October 14th in Jammu and Kashmir.

"Schools have reopened, moreover 917 schools were never shut after modification of Article 370," Mehta told the bench also comprising justices R Subhash Reddy and BR Gavai.

Also read: 'Abrogation of Art 370 gave J-K people same rights as other Indians'

New Delhi: The Centre on Thursday told the Supreme Court that it had been relaxing the curbs imposed in Jammu and Kashmir after modification of Article 370 and claimed that the pleas alleging "complete clampdown" was incorrect and irrelevant.

Solicitor General Tushar Mehta, appearing for the Centre and Union Territory Jammu Kashmir, commenced his submissions before a bench headed by Justice NV Ramana and justified certain restrictions imposed in the region after the modification of Article 370 which had given special status to the then state of Jammu and Kashmir.

Mehta told the bench that relaxations have been given in the region since August 13th and it was not a complete clampdown as projected by petitioners and said that the pleas including one filed by senior Congress leader Ghulam Nabi Azad, alleging restrictions, are incorrect, irrelevant and have out-lived their utility.

He said that various central legislations were not applicable in the state before modification of Article 370 and laws such as Right to Information and prohibition of child marriage were not applicable to the state earlier.

The Solicitor General told the bench that the authorities have applied their minds in imposing or lifting curbs in the region and services such as post-paid mobile service restarted on October 14th in Jammu and Kashmir.

"Schools have reopened, moreover 917 schools were never shut after modification of Article 370," Mehta told the bench also comprising justices R Subhash Reddy and BR Gavai.

Also read: 'Abrogation of Art 370 gave J-K people same rights as other Indians'

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Answer every question raised on restrictions imposed in Kashmir: SC to JK
         New Delhi, Nov 21 (PTI) The Supreme Court on Thursday told the Jammu and Kashmir administration that it will have to respond to each and every question raised on the restrictions imposed in the erstwhile state after the abrogation of Article 370.
         A bench headed by Justice NV Ramana told Solicitor General Tushar Mehta, appearing for the administration, that petitioners challenging the restrictions have argued in detail and he will have to answer all questions.
         "Mr. Mehta you have to answer each and every question raised by the petitioners who have argued in detail. Your counter affidavit does not help us to come to any conclusion. Don't give the impression that you are not giving enough attention to the case," said the bench, comprising Justices R Subhash Reddy and BR Gavai.
         Mehta said most of the averments made by the petitioners on restrictions are "incorrect" and he will respond to each and every aspect when he argues in court.
         The solicitor general said he has a status report with him but he has not filed it in the court as the situation in Jammu and Kashmir is changing every single day and would like to show to the court the exact status at the time of his submission.
         At the outset, the top court clarified that except for one petition it does not have any detention matters pending before it.
         "We are not hearing any detention matters with regard to Jammu and Kashmir. We are currently hearing two petitions filed by Anuradha Bhasin and Ghulam Nabi Azad which are on restrictions in freedom of movement, press, etc," it said, adding that only one habeas corpus petition is pending.
         It said only one habeas corpus (against detention of a business man) is pending because the petitioner had simultaneously moved before the JK High Court and the Supreme Court.
         "Now they have withdrawn from the high court and hence the petition is pending here," the bench said. PTI MNL SJK LLP LLP
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Last Updated : Nov 21, 2019, 4:34 PM IST
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