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Bench expresses its displeasure to the govt lawyers for not submitting the report on the situation regarding public transport since August 5, despite being asked for it 2 hearings ago
#Kashmir
Dave cites Israeli SC judgment to highlight the manner in which terrorism is dealt with. Even if there were implications in terms of security, violations of legal rights could not be allowed, argues Dave refering to the judgment.
#Kashmir
Dave says govt can't hide behind a likelihood of acts of terror. Restrictions are not justified on the basis of j&k being in the grip of terror for so many years.
#Kashmir
Dave says that the government affidavit reflects a casual approach
#Kashmir
Dave cites demonstrations in Hong Kong, which have lasted over 50 days. Yet no restrictions. This is the right to protest, that cannot be taken away.
#Kashmir
Dave : The govt should have realized what would happen after abrogation of 370, and should have allowed protests to happen. Imposing such blanket restrictions are unheard of. Court must protect the rights of citizens
#Kashmir
Dave refering to constituent assembly debates, DD says Ambedkar said rights were of no use if there was no machinery to enforce them
#Kashmir
Bench rises for lunch
#Kashmir
Dave continuing submissions in post lunch session
#Kashmir
#Kashmir
Dave blaming the govt for the manner in which it has delayed this hearing. How they sought adjournments and how in their affidavit the govt has asked court not to intervene
#Kashmir
Dave referring to constituent assembly debates again on the importance of enforcing civil rights. Again quotes Ambedkar on the significance of Art 32. Court has to protect individual liberty, he submits
#Kashmir
Ambedkar had faith in your lordships, submits Dave
Dave cites @scroll_in report about 10,000 people being charged with sedition. "We are becoming a police state", he says
@scroll_in Dave quotes more from constituent assembly debates where it was noted that the executive would try to dilute liberty.
Further gives the example of phone tapping in Gujarat. Refers to other speeches and material which warn that the executive will try to curb liberty.
#Kashmir
@scroll_in Dave : Only your lordships can stop that from happening. You cannot allow individual liberty to be diluted for social control. Executive is more interested in social control
#Kashmir
@scroll_in Dave cites Kharak Singh case which held blanket orders on surveillance unconstitutional
#Kashmir
@scroll_in Dave says govt itself stated internet is part of essentials such as education in today's age
#Kashmir
@scroll_in Broadband is a basic necessity and part of Right to Life. Dave cites Kerala HC decision which held right to internet a fundamental right.
#Kashmir
Read the Kerala HC decision here :
livelaw.in/top-stories/ri…
@scroll_in Dave cites National Telecom Policy 2012 which looks to work towards 'right to broadband' and recognise telecom as a basic necessity
#Kashmir
@scroll_in Dave : Govt shutdown the internet to not attract any criticism. They did not want people to share their views with others
#Kashmir
@scroll_in Dave : Right to freedom of speech and expression includes the right to freely circulate ideas.
Everyone has been silenced on the apprehension that everyone is a terrorist. The state is suppressing 19(1)(a), which supports democracy
#Kashmir
@scroll_in Dave : Article 19(1)(a) involves the citizens' right to voice their opinions on the burning topic of the day
#Kashmir
@scroll_in Dave refers to Sakal Papers case on press freedom
#Kashmir
@scroll_in Dave reiterates that the attitude of govt is casual and cavalier. They only sought time to drag on the case. The only reason given is that it's in national interest.
#Kashmir
@scroll_in Dave : What national interest are they talking about?
Restrictions should be temporary and imposed only during emergency. 106 days is not temporary
#Kashmir
@scroll_in Dave : Centre's argument is no bullets have been fired. So to prevent murders will you impose 144 nationwide?
#Kashmir
@scroll_in J Reddy- can there be a second opinion on 144?
Dave- restrictions can be imposed in selective areas. Not on mere apprehension.
#Kashmir
@scroll_in Dave cites Babulal Parate judgment on when 144 can be imposed, and how the powers of authorities are not unlimited
#Kashmir

indiankanoon.org/doc/749305/
@scroll_in J Gavai refering to Dave's argument says the govt hasn't argued. Dave says he's referring to the counter filed by the govt.
SG says those won't be his arguments, but agrees that there were those aspects in his counter.
#Kashmir
@scroll_in Dave : The national media has been silent to a great degree, but international media has reported. If the facts quoted by international media are true, it's very disturbing. Those reports should send a message to the govt to not play with people's rights
#Kashmir
@scroll_in Dave- no one really knows the extent of the restrictions. What kind of restrictions were put on 7 million people?
#Kashmir
Dave : The sealed cover practice is denying the public the right to know. The court must ask the govt of its ambit, and as they existed in Aug, not Nov, since there have been certain relaxations.
#Kashmir
Dave concludes. Sr Adv Meenakshi Arora begins. She is appearing for Tehseen Poonawalla @tehseenp
#Kashmir
@tehseenp Arora reiterates argument that orders of blanket restrictions lack basis and how state cannot curtail rights without placing any material.
J Gavai intervenes. Says these arguments have been made.
#Kashmir
@tehseenp Arora : How can an entire state be brought under 144? And then extended this way, into day 107. There's no internet, effectively no transport, no SMS services, no prepaid.
#Kashmir
@tehseenp Arora : The poor can access govt medical care only through the internet. But airports were left alone. Airports more important that citizen's rights?
#Kashmir
@tehseenp Solicitor General requests for hearing on day after tomorrow.
Court grants the request.
Matter to be heard next day after tomorrow
#Kashmir
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