Thread by @barandbench

The Supreme Court bench of Justices NV Ramana, R Subhash Reddy and BR Gavai will pronounce its judgment today at 10.30 in the petitions challenging the internet and communication shutdown in Kashmir.

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The lead petitioner in the case was the Editor of Kashmir Times, Anuradha Bhasin. The tagged petitions in the matter also included those by Senior Congress leader and Rajya Sabha MP, Ghulam Nabi Azad.

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The three Judge Bench assembles.

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Justice NV Ramana begins reading out the judgment.

Justice Ramana reads out a passage from the classic 'Tale of two cities' before pronouncing the judgement

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The court will not delve into the political intent behind the orders, justice Ramana

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Liberty and security are always at loggerheads. It is Court's job to ensure that the citizens are provided all rights and security, SC

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Importance of internet cannot be underestimated and the internet as stool should be distinguished from FoE through internet, SC

Internet is a major means of information therefore FoE through internet is part of Article 19(1)(a) and restrictions on it should be on accordance with restrictions to this right, SC

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Complete curb of internet must be considered by the State only as an extraordinary measure, SC

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Disagreement does not justify destabilization.

Power under S. 144 CrPC cannot be used as a curb on legitimate expression of democratic rights, Supreme Court

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No doubt that the freedom of press is a right is a part of right under 19(1)(a) and is required in every modern democracy, SC

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Court directs the Government to Publish orders and future orders under S.144 and orders for suspension of telecom services.

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Supreme Court says suspension of services indefinitely is inpermissible and suspension can be temporary only. Any such order must adhere to principle of proportionality and such orders subject to judicial review.

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Supreme Court says freedom of internet is a right protected under Article 19(1)(a) and the right to profession and occupation enjoys the protection under Article 19(1)(g)

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Supreme Court says section 144 of CrPC is a remedial and preventive measure and must be subject to test of proportionality and used only if there is a likelihood of violence and danger to public safety.

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Supreme Court directs for the orders of suspension of telecom services and S144 orders to be reviewed by concerned authority within seven days and any future orders to be reviewed in a timely manner

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[Breaking] Right to Freedom of Expression through the Internet is part of Article 19(1)(a): Supreme Court in petitions challenging restrictions in Kashmir #Kashmir #SupremeCourt #internetshutdown #Article370

bit.ly/2QFrw7K

Right to Freedom of Expression through internet is Part of Article 19 (1) (a) #SupremeCourt #Kashmir

Read the Kashmir Internet and Communication Shutdown 130-page Judgment

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bit.ly/39YGugm