Government justifies J&K security measures before Supreme Court: Details here

Supreme Court on Thursday resumed hearing on a batch of petitions led by Kashmir Times Editor Anurha Bhasin challenging restrictions imposed in Jammu & Kashmir and Lakh after abrogation of Article 370 was anunced by Union on August 5. At very outset of hearing, Solicitor General Tushar Mehta appearing for J&K me it clear to bench that facts being asserted by petitioners alleging lockdown in area were “completely incorrect” and that government “will counter every point raised by petitioners."

Senior vocate's arguments

After previous hearings, during which Supreme Court heard detailed arguments on behalf of petitioners from Senior vocates Vrinda Grover, Kapil Sibal, Hufeza Ahmi and Dushyant Dave, on Thursday, brief arguments were me by Senior vocate Meenakshi Arora appearing for intervers. Arora detailed current situation in J&K and Lakh in aftermath of abrogation stating that communication channels in area h been cut off since August 4 and doing so is a violation of freedom of speech of lakhs of citizens. “People have a right to speak out about wher y support this move or t” argued Arora.

In course of her arguments, she also relied on recent protests witnessed against Hong Kong government over Hong Kong Human Rights Act subsequent order passed by Hong Kong High Court. Arora stated that Hong Kong Court applied a test of proportionality in giving its verdict on protests. Justice N.V. Ramana in a quick response told Meenakshi Arora that Indian Supreme Court was “far more superior” when it came to question of protecting fundamental rights of Indian citizens.

Re: Government of India comes to rescue of apple-growers of Kashmir

Solicitor General Tushar Mehta's arguments

Solicitor General Tushar Mehta n began a series of arguments justifying government’s decision to abrogate Article 370 and consequent security restrictions issued in area immediately after. Tushar Mehta stated before bench led by Justice Ramana that fundamental duty of government was to ensure safety and security of citizens in country and protect ir lives and property. Mehta stated that “ rights of citizens h t been taken away [through abrogation of Article 370], rar, rights h been conferred after many years.

To substantiate his arguments, Solicitor General relied on past instances when India has been a victim of cross-border terrorism. “It’s t a revolt from within but from across borders,” said Mehta. “Terrorists are taking help of locals with a separatist mindset and perpetrating attacks from across border, even through digital mediums.” “Out of a total of 71000 terrorists feared to be in region, 22536 terrorists have been killed since 1947. Out of se 365 have been killed in 2019 alone. Over 14000 civilians and 5292 security personnel have lost ir lives in past 70 years” argued Tushar Mehta before Supreme Court.

Re: WATCH: rmalcy returns in Jammu and Kashmir

Statistics of current situation in J&K

On being asked what status of restrictions imposed in area was, Mehta presented more statistics to bench – Over 59 lakh mobile phone connections have been restored, 93,247 landlines restored, 20,411 schools reopened, banking services are fully functional, re has been a significant reduction in incidents of stone-pelting, restrictions around 202 police stations have been lifted, t a single civilian death has come to light since August 5 and over Rs. 25 crores have come in through tourism with over 34 lakh tourists who have come to region. “ government is constantly reviewing situation” Tushar Mehta reassured Supreme Court. “It is t an en-masse lockdown as is being projected by petitioners.”

Re: ministrative Council set up in Jammu and Kashmir

On imposition of Section 144

Ar interesting fact brought to light through Solicitor General was that decision on imposition of Section 144 in certain parts of region was being taken by “officers on ground”. Mehta stated that a regular threat perception is being undertaken by officers on ground who n take a call on imposition of Section 144 in that area. “Majority of citizens in area are peaceful. Only a minuscule mirity is upset,” said Mehta.

Re: Watch: Opposition corners BJP in Jammu and Kashmir

Going one step furr and batting for security forces of country in highest court of law, Mehta said, “We should be proud of our forces. Trivialization of armed forces is absolutely unacceptable." Centre has time and again stated before Supreme Court that restrictions imposed in Jammu & Kashmir are a “temporary measure” while government reviews situation on a daily basis. petitioners, on or hand, have interestingly argued that erstwhile state was put under lockdown on August 4, one day before Centre officially diluted Article 370. Since re was justifiable reason to put lakhs of citizens under lockdown in absence of any extraordinary situation (as was case on August 4), order imposing restrictions on people was t only arbitrary, rar in violation of fundamental rights of citizens. arguments in matter are w expected to continue on vember 26 at 12:00 pm.

Re: Shiv Sena MLA Abdul Sattar on Maharashtra government formation