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Three judges bench of SC starts hearing the petition by @AnuradhaBhasin_ against Kashmir lockdown
#JKLockdown #Kashmir
@AnuradhaBhasin_ Sibal for Bhasin : Cross border terrorism has been going on prior to abrogation. Kashmiri people are peace loving. You cannot put restrictions on fundamental rights, under Art 19, of an entire community.
#Kashmir #JKLockdown
@AnuradhaBhasin_ Sibal : Restrict trouble makers. But protect rights of peace loving citizens
#Kashmir #JKLockdown
@AnuradhaBhasin_ Sibal : Blocking social media may help, but you cannot block internet on the whole @KapilSibal
@AnuradhaBhasin_ @KapilSibal Sibal : Landlines are essential for communication. Why ban them? How do you prevent me from speaking to anyone I want? Using a telephone cannot impact public order
@KapilSibal #JKLockdown
@AnuradhaBhasin_ @KapilSibal Sibal : If there's a medical emergency, how will I reach hospital? There is no telephone connectivity
#Kashmir #JKLockdown
@AnuradhaBhasin_ @KapilSibal Sibal : They say there are no restrictions in 99% of Kashmir. We do not accept that, when we know the facts are something different
#Kashmir #JKLockdown
@AnuradhaBhasin_ @KapilSibal Sibal : Essential services have been stopped completely. How do I get a money transfer from the bank?
#Kashmir #JKLockdown
@AnuradhaBhasin_ @KapilSibal Sibal : Post paid mobiles are working, yes. Pre paid services are still not. They've said higher secondary schools are open and functioning. Children are still not going. That's the reality
#Kashmir #JKLockdown
@AnuradhaBhasin_ @KapilSibal Sibal : They've said their power to impose Sec 144 is used for the welfare of people. That's not the case. We do not accept it
#Kashmir #JKLockdown
@AnuradhaBhasin_ @KapilSibal This pollution is like chemical warfare, m'lords. It's really bad, says Sibal refering to Delhi smog, as people cough around
@AnuradhaBhasin_ @KapilSibal Sibal : 144 orders passed without justification. No consideration for peace loving people
@AnuradhaBhasin_ @KapilSibal Sibal : Govt order is not in accordance with provisions of Telegraph Act. Power is restricted under 5(2)
@AnuradhaBhasin_ @KapilSibal Sibal :My submission is that you have passed orders which aren't in accordance with 5(2) and that cannot be the way in which you restrict my fundamental right to speech and expression
@AnuradhaBhasin_ @KapilSibal J Reddy- as per the order of Aug 5, what do you think should have been banned to maintain public order?
@AnuradhaBhasin_ @KapilSibal Sibal : Block social media. WhatsApp, Facebook, Instagram etc. They indulge in gossip mongering. They spread fake news. But you cannot interfere with landlines and emails. Social media is a platform for mass communication
@AnuradhaBhasin_ @KapilSibal Sibal- but when I'm on the phone, I'm only communicating with one person.
@AnuradhaBhasin_ @KapilSibal J Reddy- so telephones won't be a cause for concern to public order? Can't the same thing that social media platforms are doing be done by telephones?

Sibal replies 'no'
@KapilSibal #Kashmir
@AnuradhaBhasin_ @KapilSibal Sibal refers to govt affidavit and informs court that no public movement is allowed. Usually in 144, not more than 5 people can gather. Here govt has stated that "there shall be no movement of public
@AnuradhaBhasin_ @KapilSibal J Gavai- so it's a curfew?
Sibal- That's what I've been saying. It's complete prohibition, not restriction.
@AnuradhaBhasin_ @KapilSibal Sibal : They say you need prior permission to move in case of an emergency. How do I take that permission if I can't move out of my house, to even make a telephone call?
@AnuradhaBhasin_ @KapilSibal Sibal refering to case laws submits that the court must look into these questions to determine how 19 can be restricted-
Was it necessary? Was it reasonable?
@AnuradhaBhasin_ @KapilSibal Sr Adv Huzefa Ahmadi arguing for Journalists Union, which has intervened in the matter
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