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SC verdict on Kashmir updates: Verdict reminder to 'tyrant duo', says Congress; Ghulam Nabi Azad hails 'historic judgment', says court did not come 'under any pressure'

SC Verdict on Kashmir LIVE Updates: Taking to Twitter, the Congres party said: 'The Supreme Court rules that tactics like indefinite internet shutdowns and indiscriminate use of Section 144 to silence dissent are unacceptable in a democracy. We hope this serves as a reminder to the tyrant duo that law and constitution is above their divisive policies'.

FP Staff January 10, 2020 13:32:31 IST
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SC verdict on Kashmir updates: Verdict reminder to 'tyrant duo', says Congress; Ghulam Nabi Azad hails 'historic judgment', says court did not come 'under any pressure'

Highlights

11:49 (ist)

SC says right to carry out trade using internet is 'constitutionally protected' 

News18 reports, that the Supreme Court has not declared the right to access the internet as a fundamental right but held that right to free speech and to carry out trade using the internet is "constitutionally protected."

10:01 (ist)

Centre claims no deaths had occurred, while reports state as many as 6 have died post scrapping of Article 370

On 21 November, 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.

But according to The Telegraph, six civilians have been killed in action by the security forces and over 400 people were detained under the Public Safety Act in the Valley during the government clampdown that followed the scrapping of Jammu and Kashmir’s special status on 5 August. The article quoted a report by two prominent Valley-based rights groups.

Huffpost India the Jammu and Kashmir Police has acknowledged the death of 17-year-old Osaib Altaf who drowned in the Jhelum River in Srinagar on 5 August while fleeing a contingent of CRPF personnel, last year in December. Until 2 December, neither the Jammu and Kashmir Police nor the government acknowledged the fatality. 

LIVE NEWS and UPDATES

Jan 10, 2020 - 13:11 (IST)

SC makes important theoretical observation but 'teethy directions' to deter 'thick skinned' BJP, need of the hour: Congress' Jaiveer Shergill

Congress spokesperson Jaiveer Shergill, who is also a practicing Supreme Court lawyer held that the top court made an important theoretical observation regarding the five-month internet shutdown in Kashmir. But the lawyer held that  'teethy directions' to deter 'thick skinned' BJP were the need of the hour, asking, "Who will compensate for $1 billion trade loss?"

Jan 10, 2020 - 13:04 (IST)

SC falls short of offering immediate reprieve, but order reinstates hope that arbitrary use of Section 144 will end


Today the Supreme Court of India has finally put an end to the dubious practice of using Section 144 Criminal Procedure Code to shut the Internet down. This had become a norm in the past few years, regularly used by Police and State Governments that had made India the shutdown capital of the world with around 381, disruptions since 2012.


Although the order grants no immediate relief to the people of Kashmir who have been without internet for past 159 days but review under Telecom Suspension Rules has been ordered. Let's hope this is the end of this repressive practice unworthy of a democracy with ambitions of a digital superpower.


The Supreme Court of India, like the Kerala High Court, has recognized the right to freedom of speech and expression through the internet to be part of Article19 (1) (a). This is what a court that moves with times must hold and has done so. Internet generation will not be governed by arbitrary internet shutdowns.


Hopefully, from now on authorities will follow their own rules and not circumvent procedures to curb legitimate expression.

Jan 10, 2020 - 12:59 (IST)

SC's observations on internet access happy news, say people in Kashmir Valley

The Supreme Court's ruling asking the Jammu and Kashmir administration to review within a week all orders imposing curbs in the union territory and saying that internet access is a fundamental right under Article 19 of the Constitution led to a sigh of relief in the Valley, reports PTI. “It is a piece of very happy news for us, a huge relief, as the internet has been suspended for over five months now. We really hope that services will be resumed as soon as possible now,” said Ishtiyaq Ahmad, a businessman in Lal Chowk area of the city.

Another businessman associated with the tourism sector in the Valley is hoping the internet-dependent business will get a fillip. “This will give a boost to the sector which is highly dependent on the internet. Everything in the sector depends wholly on internet services, from ticketing inquiries to reservations. 

Afreen Mushtaq, a student living in the outskirts of the city, said the student community has suffered the most and the apex court's criticism of the internet ban, though late, is a breath of fresh air. “The internet should have been restored long ago. We have been deprived of the services for far too long. It has affected our education. It has especially affected those who had to seek admissions and to take part in various examinations,” she said.

-PTI

Jan 10, 2020 - 12:49 (IST)

SC order reminder to 'tyrant duo', says Congress

Taking to Twitter, the Congres party said: "The Supreme Court rules that tactics like indefinite internet shutdowns and indiscriminate use of Section 144 to silence dissent are unacceptable in a democracy. We hope this serves as a reminder to the tyrant duo that law and constitution is above their divisive policies."

Jan 10, 2020 - 12:44 (IST)

Status quo SC likely to continue in Kashmir; SC avoided primary responsibility of judicial review


The Kashmir telecom and internet shutdown judgement will need to be studied and may be used to give grounds for future challenges to the rules. However, it seems that it does not do much at the present and the status quo will continue in Kashmir.


The Supreme Court also avoided the primary responsibility of judicial review, by just laying down broad principles for the review. This verdict is also unlikely to provide lasting relief even if the review does occur within 2-3 days and all orders are set aside. Restrictions can be re-imposed in Kashmir and across India. Here exercise of executive authority has not been checked in specific orders by the court.

Jan 10, 2020 - 12:14 (IST)

Ghulam Nabi Azad welcomes verdict

One of the petitioners in the case, Congress leader Ghulam Nabi Azad reacted to the judgment, welcoming it. He said,  "Each individual in Jammu and Kashmir was waiting for this decision. SC has made it clear to that the government should publish all the orders passed since 5 Aug 2019." The top court had also said that any order on the internet comes under judicial scrutiny

Jan 10, 2020 - 12:00 (IST)

'Reinstates our faith in judiciary': PDP on SC judgement

Jammu and Kashmir's Peoples Democratic Party took to Twitter to react to the top court's judgement. The party said, "Finally the Supreme Court has woken up to the injustices cast upon the people of J&K, calling such government lodged curbs an "abuse" of power reinstates our faith in the judiciary."

Jan 10, 2020 - 11:52 (IST)

SC delivers 'first jolt of 2020' to BJP-led Centre, says Congress leader

Minutes after the top court gave its verdict, Congress chief spokesperson Randeep Singh Surjewala on Twitter said that the Supreme Court delivered the "first big jolt of 2020 to illegal activities" of Narendra Modi government by stating the importance of the internet as a fundamental right.

He further added, "Double shock for Modi-Shah that dissent cannot be oppressed by imposing section 144."

Jan 10, 2020 - 11:49 (IST)

SC says right to carry out trade using internet is 'constitutionally protected' 

News18 reports, that the Supreme Court has not declared the right to access the internet as a fundamental right but held that right to free speech and to carry out trade using the internet is "constitutionally protected."

Jan 10, 2020 - 11:35 (IST)

Internet cannot be curbed unless 'incitement to violence' says SC

The bench held that internet shutdowns cannot be ordered to suppress speech unless there is incitement to violence or similar reasons. "Reasonableness of Section 144 orders must be assessed based on territorial reach, nature of restrictions and  time period," 

SC Verdict on Kashmir LATEST Updates: Taking to Twitter, the Congres party said: "The Supreme Court rules that tactics like indefinite internet shutdowns and indiscriminate use of Section 144 to silence dissent are unacceptable in a democracy. We hope this serves as a reminder to the tyrant duo that law and constitution is above their divisive policies."

Jammu and Kashmir's Peoples Democratic Party took to Twitter to react to the top court's judgement. The party said, "Finally the Supreme Court has woken up to the injustices cast upon the people of J&K, calling such government lodged curbs an "abuse" of power reinstates our faith in the judiciary."

The Supreme Court orders the Jammu and Kashmir administration to review all restrictive orders within a week. All orders are also asked to be also put in the public domain which can then be challenged in a court of law. These orders can be challenged in the Jammu and Kashmir High Court and Supreme Court. The apex court has also ordered that Centre publish all orders of the Govt under 144 imposing restrictions, including curbing of internet. The apex court also ordered the suspension of the internet should be reviewed forthwith and that such suspension can be only “for a limited time period.”

Justice Ramana reads out a passage from the classic 'Tale of two cities' before pronouncing the judgement. He said, "The court will not delve into the political intent behind the orders." He further added, "Liberty and security are always at loggerheads. It is the court's job to ensure that the citizens are provided with all rights and security."

On 21 November, 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. But according to The Telegraph, six civilians have been killed in action by the security forces and over 400 people were detained under the Public Safety Act in the Valley during the government clampdown that followed the scrapping of Jammu and Kashmir’s special status on 5 August.

The Supreme Court is scheduled to deliver on Friday its verdict 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 NV Ramana, Justice R Subhash Reddy and Justice BR Gavai had reserved the judgement on 27 November last year.

SC verdict on Kashmir updates Verdict reminder to tyrant duo says Congress Ghulam Nabi Azad hails historic judgment says court did not come under any pressure

File image of Supreme Court of India. Reuters

On 21 November, 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 the 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 5 August last year.

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