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#Kashmir: Sr. Adv. Meenakshi Arora making submissions on behalf of intervenors.

SG Tushar Mehta objects to certain arguments, states intervenors should confine their arguments to the pleadings and not make oral arguments outside of what they have submitted. @htTweets
#Kashmir: Bench tells Tushar Mehta that he would be at liberty to rebut all the arguments advanced by intervenors. @htTweets
#Kashmir: Meenakshi Arora continuing with her arguments.

Placing reliance on Sakal papers and Maneka Gandhi judgments to buttress her case on what constitutes "democratic values".
#Kashmir: Arora now relying on Om Kumar v. Union of India judgment to explain proportionality test and rational nexus.
#Kashmir: It is not sufficient for State to show rationality of its measures but it should also show proportionality of the action. The burden is on the State, Arora submits.

#Kashmir: Arora refers to Justice Subba Rao's dissenting judgment in Kharak Singh v. State of UP.

Submits that the same was upheld by Supreme Court in Right to Privacy judgment. @htTweets
#Kashmir: Meenakshi Arora referring to the Hong Kong High Court judgment on validity of law prohibiting wearing of masks during peaceful protests.

The High Court had applied proportionality test, Arora.

"Is there cross border terrorism in Hong Kong", Justice BR Gavai asks.
#Kashmir: Central government begins arguments. Solicitor General Tushar Mehta appearing on behalf of Centre.
#Kashmir: We are not dealing with dissent from within. We are dealing with cross border terrorism; Kashmir has a history of cross-border terrorism, Solicitor General Tushar Mehta.
#Kashmir: This State has faced this problem since 1947, Solicitor General Tushar Mehta.
#Kashmir: Supreme Court should protect not only freedom of speech of few but fundamental rights of a vast majority, Tushar Mehta.

Mehta explaining the benefits which will now accrue to people in Kashmir with the full integration of the State to the Union.
#Kashmir: "106 people friendly laws which were earlier not applicable to Kashmir have now become applicable.

Rights are not taken away, there is conferment of rights", Solicitor General Tushar Mehta.
#Kashmir: "Application of many of these laws will help the most vulnerable.

Majority of the people of Kashmir will want this and they have nothing to protest", Tushar Mehta.
#Kashmir: Was Section 144 imposed in entire State or only in particular areas, Justice NV Ramana to Tushar Mehta.

"It was imposed in particular areas depending on fact situation of the concerned area", Tushar Mehta.
#Kashmir: "What is the status of Section 144 as of now", Justice BR Gavai.

"It is 100 percent lifted. Not in force anywhere now", Tushar Mehta.
#Kashmir: Centre says petitioners know that most restriction have been lifted as of now. Hence, they submitted that restrictions should be consideres as of August 5, Tushar Mehta.
#Kashmir: It was not an en masse clampdown as alleged.

The restrictions were based on inputs with respect to each area, Tushar Mehta.
#Kashmir: It was not a "general" clampdown nor is there a "general" relaxation, Tushar Mehta.
#Kashmir: Restrictions in Jammu and Ladakh regions were different.

There were no restrictions in Ladakh region; so restrictions were based on military and intelligence inputs. Decisions were taken based on local situation in a particular area, Tushar Mehta.
#Kashmir: It was a historic decision taken after 70 years, so there was bound to be some miniscule minority who would try to create issues necessitating the restrictions, Tushar Mehta.
#Kashmir: Central government requests the Supreme Court to mould its powers of judicial review while applying it to the instant case since integrity of the nation is paramount. @htTweets
#Kashmir: We must be proud of our security forces that not a single life has been lost in firing.

It was sought to be trivialised yesterday by saying curfew could be imposed in entire country to prevent murders. Such trivialisation is unacceptable, SG Tushar Mehta.
#Kashmir: Stone pelting happens in Kashmir. We all know where the funding for the same comes from. No need of any explanation for that, SG Tushar Mehta.
#Kashmir: Mehta citing figures of sale of apples. The govt is itself purchasing apples at a higher price.

All landline phones are functioning in the valley.

Voice calling from post paid mobiles are functional.

280 e-terminals have been set up to access internet, Tushar Mehta
#Kashmir: Tushar Mehta says other newspapers are being published from Srinagar. Only petitioner is not publishing her newspaper from Srinagar. Petition is liable to be rejected on this ground alone.

"I am making this as a full fledged contention, not a half-hearted imputation"
#Kashmir: Mehta also submits that similar restrictions were imposed in 2016 when a terrorist was gunned down. But the petitioner did not approach any court then.

Bench rises for lunch.

Hearing to continue at 2 pm.
#Kashmir: Bench reassembles. Tushar Mehta resumes arguments on behalf of Centre.

There is no shortage of essential supplies, Mehta.
#Kashmir: All kinds of public transport are available on all routes, Tushar Mehta.
#Kashmir: SG questions wisdom of the petitioner in placing reliance upon website India Spend.
#Kashmir: SG hands over an article on India Spend.

Discussion veers into media.

Meenakshi Arora objects, states article handed over by SG on India Spend is by OpIndia.

"Who is this Op India", Arora.

"You want me to divulge details about my messenger", asks Tushar Mehta
#Kashmir: My submission is they should not be allowed to hand documents over the counter. They made that allegation against us. It should be applicable to them as well, Meenakshi Arora.
#Kashmir: Tushar Mehta detailing the facilities provided to media personnel.

Mehta also says Parliamentary proceedings of August 5 were telecast. There is no restriction on airing of media channels.
#Kashmir: Petitioner has deliberately chosen not to reveal the facts.

She has chosen not to publish her newspaper from Srinagar though she is free to, Tushar Mehta.
#Kashmir: Tushar Mehta now moving on to the issue of imposition of Section 144.
#Kashmir: Mehta asks Court not to closely scrutinise the language of Section 144 orders since they are not issued by legally trained minds.
#Kashmir: Section 144 is a preventive measure. It was passed to protect lives of people in Kashmir, Mehta.
#Kashmir: Bench tells Mehta that the main argument of petitioners was that there was no adequate material warranting issue of Section 144 orders.

I will answer that, Mehta.
#Kashmir: Section 144 CrPC confers wide powers on certain Magistrate;
The question is whether the satisfaction of District Magistrate that there is possibility of riots or unrest, can be challenged or not, submits Mehta.
#Kashmir: They (the petitioners) have not challenged the jurisdiction of District Magistrate to issue such orders, Mehta.
#Kashmir: Freedom of speech is not absolute.

In USA, burning of national flag is protected. In India, it is an offence.

In USA, media is allowed to publish names or rape victims. It is not allowed here, Tushar Mehta.
names of*
#Kashmir: Tushar Mehta to continue arguments on Monday.

Attorney General KK Venugopal advancing arguments now.
#Kashmir: What happened on August 5 was unprecedented, KK Venugopal.
#Kashmir: Past record of Kashmir shows a series of terrorist and militant attacks in the State, KK Venugopal.
#Kashmir: The restrictions were to ensure that incidents of violence and chaos were not repeated, KK Venugopal.
#Kashmir: If internet is allowed, one message can be send to thousands of Hurriyat leaders or other militant leaders and they will congregate, KK Venugopal.
#Kashmir: KK Venugopal cites Supreme Court order granting interim protection to Major Aditya Kumar in Shopian firing incident.
#Kashmir: Government of India should be congratulated for managing the situation without a single bullet being fired and without any casualty, KK Venugopal.
#Kashmir: KK Venugopal concludes his arguments.

Hearing to resume on Monday next week.
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