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#Kashmir
SC bench headed by Justice Ramana starts hearing the petition against Kashmir shutdown
Sr Adv Huzefa Ahmadi appearing for Journalists Union, which has intervened in the matter.
#Kashmir
Bench asks why SG not available. AG informs he's in court 3
#Kashmir
Huzefa Ahmadi refering to ADM Jabalpur case.
J Ramana- Don't expand the issue. We are aware of the issue. Won't be able to conclude hearing before vacation like this
Ahmadi reiterates his argument on reasonableness. Refers to argument on imposition of emergencyraised during the last hearing, which may be read here.

'If You Want To Lockdown The Entire State, Declare Emergency Under Art 352', Sibal In #Kashmir Plea

livelaw.in/top-stories/if…
#Kashmir
Bench inclined to hear the case all day today. Asks who will be arguing. Informed that Dushyant Dave and Meenakshi Arora will argue for Petitioners too. Bench inclined to conclude arguments on behalf of Petitioners today
#Kashmir
Sr Adv Ahmadi argues about political prisoners during emergency and refers to SC observations in ADM Jabalpur. Cites dissenting judgement as "it is the law today, since the majority judgment was overruled"
#Kashmir
Sr Adv Ahmadi : There was an emergency then, not in the present case. No need to give reasons then, they said. Saying the same in this case. No one can be deprived of right to life and liberty without authority of law. Even in the absence of Art21.
#Kashmir
Ahmadi : During emergency the govt used the ground of emergency to not allow the detained to move court. Here they cite national security to not produce orders or reasons.
#Kashmir
Ahmadi : Orders under 144 must be based on material facts which led to an informed opinion. Not on mere apprehension
#Kashmir
J Reddy- according to you, what should be material facts?
HA- there are intelligence agencies. Specific inputs from govt intelligence.
#Kashmir
J Reddy- Should govt wait a day or two before ordering?
HA- Not necessarily. But material facts are required. It'll become a norm if no reasons are given. Then any govt can impose 144 whenever they want, based on apprehension
#Kashmir
Sr Adv Ahmadi refers to 5(2) of Telegraph Act. "Our jurisprudence does not allow for a presumption of criminality based on suspicion", he submits.
Refering to precedents to buttress the point
#Kashmir
Ahmadi : Restrictions under Art 19 must pass test of proportionality. The test is that measures taken have to be in order to meet a legitimate goal or suitable cause. The same must not have disproportionate impact.
#Kashmir
Ahmadi cites Privacy judgment. SC had held that in matters concerning restrictions on liberty and privacy, even to achieve a legitimate end, the route must be least intrusive. Restrictions must be tailored narrowly.
#Kashmir
Ahamid refers to a Hong Kong court judgement which held a face mask ban as unconstitutional. He says govt can't completely restrict a citizen's right to protest. People must be allowed to disagree.
The report about Hong Kong judgment here :
livelaw.in/foreign-intern…
Ahmadi concludes. Now Sr Adv Dushyant Dave for another intervenor in Anuradha Bhasin's case @AnuradhaBhasin_
#Kashmir
@AnuradhaBhasin_ Dave cracks a joke calling himself a tailender who has now come to bat.

J Ramana says he should be careful with his words and asks if he's blaming the court for the delay.
#Kashmir
@AnuradhaBhasin_ Dave clarifies that no one is against the court. They are questioning the Govts action.
"Petitioners should not be looked at as being against the integrity of the nation. I urge your lordships not to be sensitive. We are asking the govt why restrictions have not been lifted"
@AnuradhaBhasin_ J Gavai again asks about the whereabouts of SG, and presence of ASGs. "We have been hearing the same arguments repeatedly in such an important matter"
#Kashmir
@AnuradhaBhasin_ #Kashmir
Dave suggests all other matters should have been set aside by the court to hear the grievance of 7 million people.
It is our grievance that nothing happened between Aug-Oct, he says
#JKLockdown
@AnuradhaBhasin_ Dave says he'll finish today. Bench says SG will appear and answer all questions tomorrow. "No more adjournments"
#Kashmir
@AnuradhaBhasin_ Dave- these 7 million people are as Indian as anyone else, even more since 370 abrogated. Their grievance needs to be addressed. It's been 106 days
#Kashmir
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