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LIVE: SC concludes hearing on Kashmir communication blockade

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Published : Nov 19, 2019, 11:26 AM IST

Updated : Nov 19, 2019, 4:36 PM IST

16:25 November 19

Bench rises for the day

Hearing to continue day after tomorrow.

16:24 November 19

Senior Adv. Meenakshi Arora commences her submissions

Senior Adv. Meenakshi Arora commenced her submissions on behalf of Tehseen Poonawalla and Soyaib Qureshi.

"Can a whole State be brought under S. 144 and people there be prevented from moving about and whether that can be continued for a long period of time," said Meenakshi Arora.

16:20 November 19

Dave concludes his arguments 

"Centre has not argued yet," said Justice Gavai.

"I am referring to their counter," said Dave.

"These won't be my arguments," pointed Solicitor General Tushar Mehta.

"I am not saying these are your arguments. This is from the Centre's counter. I am sure it might not have been settled under the supervision of learned counsel like you Mr. Mehta", answered Dave.

"It is my counter," said Mehta.

Dave concluded his arguments and said that the practice of Court accepting details in sealed cover has to stop.

"People have a right to know in a democracy, RTI was a big revolution," said Dave.

16:05 November 19

Dave: Internet is a fundamental right

Dave citing Kerala High Court judgment in which it was held that access to the Internet is a fundamental right, said that Article 19(1)(a) supports democratic values and the restrictions envisaged in Art 19(2) are not attracted in this case. 

He also said that every citizen is entitled to discuss the "burning topic of the day". 

15:23 November 19

Even Communist state China has not imposed restrictions like us: Dave

Citing the example of the unrest in Hong Kong, Dave further argued that not even a Communist state like China has imposed blanket restrictions like us. He added that the only restriction on masks was also struck down yesterday by their Supreme Court.

15:20 November 19

Can't justify restrictions because Kashmir gripped by terror: Dave

Dave added that the government cannot justify restrictions on the basis of Kashmir being gripped by terrorism all these years.

15:17 November 19

Rights of 7 million Kashmiris as important as others: Dave

Arguing for the petitioners, Senior Advocate Dushyant Dave said the rights of seven million people are as important as anybody, as they were as Indian as the rest of the country. 

12:13 November 19

Presumption of criminality on suspicion invalid: Ahmadi

Presumption of criminality on grounds of suspicion is no longer valid in our jurisprudence, argues Senior Advocate Huzefa Ahmadi, the petitioner's counsel.

11:58 November 19

Imposing Sec 144 on apprehension will become norm: Ahmadi

Justice Reddy - Do they need to wait for a day or two before they can take their call?

Sr Adv Ahmadi - Not necessary. Some material facts should back government apprehension. Those facts were not stated. It will become a norm in the future - the government will simply impose 144 whenever it feels it has apprehension.

11:53 November 19

Sec 144 can't be imposed only on apprehension: Ahmadi

Senior Advocate Huzefa Ahmadi, arguing on behalf of the petitioner, said that Section 144 order cannot be issued on apprehension alone.

11:27 November 19

SC questions SG Mehta's absence

Supreme Court asks why Solicitor General Tushar Mehta, who is appearing for the state of Jammu and Kashmir is not in the courtroom. The apex court is informed that SG Mehta is in court 3 for Constitution bench hearing.

11:13 November 19

LIVE: SC concludes hearing on Jammu and Kashmir

Hearing begins

Supreme Court commences hearing in Kashmir Times Editor Anuradha Bhasin's petition over restrictions on media and communication in Kashmir. 

16:25 November 19

Bench rises for the day

Hearing to continue day after tomorrow.

16:24 November 19

Senior Adv. Meenakshi Arora commences her submissions

Senior Adv. Meenakshi Arora commenced her submissions on behalf of Tehseen Poonawalla and Soyaib Qureshi.

"Can a whole State be brought under S. 144 and people there be prevented from moving about and whether that can be continued for a long period of time," said Meenakshi Arora.

16:20 November 19

Dave concludes his arguments 

"Centre has not argued yet," said Justice Gavai.

"I am referring to their counter," said Dave.

"These won't be my arguments," pointed Solicitor General Tushar Mehta.

"I am not saying these are your arguments. This is from the Centre's counter. I am sure it might not have been settled under the supervision of learned counsel like you Mr. Mehta", answered Dave.

"It is my counter," said Mehta.

Dave concluded his arguments and said that the practice of Court accepting details in sealed cover has to stop.

"People have a right to know in a democracy, RTI was a big revolution," said Dave.

16:05 November 19

Dave: Internet is a fundamental right

Dave citing Kerala High Court judgment in which it was held that access to the Internet is a fundamental right, said that Article 19(1)(a) supports democratic values and the restrictions envisaged in Art 19(2) are not attracted in this case. 

He also said that every citizen is entitled to discuss the "burning topic of the day". 

15:23 November 19

Even Communist state China has not imposed restrictions like us: Dave

Citing the example of the unrest in Hong Kong, Dave further argued that not even a Communist state like China has imposed blanket restrictions like us. He added that the only restriction on masks was also struck down yesterday by their Supreme Court.

15:20 November 19

Can't justify restrictions because Kashmir gripped by terror: Dave

Dave added that the government cannot justify restrictions on the basis of Kashmir being gripped by terrorism all these years.

15:17 November 19

Rights of 7 million Kashmiris as important as others: Dave

Arguing for the petitioners, Senior Advocate Dushyant Dave said the rights of seven million people are as important as anybody, as they were as Indian as the rest of the country. 

12:13 November 19

Presumption of criminality on suspicion invalid: Ahmadi

Presumption of criminality on grounds of suspicion is no longer valid in our jurisprudence, argues Senior Advocate Huzefa Ahmadi, the petitioner's counsel.

11:58 November 19

Imposing Sec 144 on apprehension will become norm: Ahmadi

Justice Reddy - Do they need to wait for a day or two before they can take their call?

Sr Adv Ahmadi - Not necessary. Some material facts should back government apprehension. Those facts were not stated. It will become a norm in the future - the government will simply impose 144 whenever it feels it has apprehension.

11:53 November 19

Sec 144 can't be imposed only on apprehension: Ahmadi

Senior Advocate Huzefa Ahmadi, arguing on behalf of the petitioner, said that Section 144 order cannot be issued on apprehension alone.

11:27 November 19

SC questions SG Mehta's absence

Supreme Court asks why Solicitor General Tushar Mehta, who is appearing for the state of Jammu and Kashmir is not in the courtroom. The apex court is informed that SG Mehta is in court 3 for Constitution bench hearing.

11:13 November 19

LIVE: SC concludes hearing on Jammu and Kashmir

Hearing begins

Supreme Court commences hearing in Kashmir Times Editor Anuradha Bhasin's petition over restrictions on media and communication in Kashmir. 

Intro:Body:Conclusion:
Last Updated : Nov 19, 2019, 4:36 PM IST
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