#KashmiShutdown: Will not go into political propriety of decisions of govt, will decide only on balance of liberty of individual and state interest, SC.
#KashmirShutdown: Govt cannot claim exemption from producing before court all orders imposing restrictions, Supreme Court.
#KashmirShutdown: Free speech through internet fundamental right under Article 19, Supreme Court.
#KashmirShutdown: Restriction on Fundamental rights cannot be done by an arbitrary exercise of powers, Supreme Court.
#KashmirShutdown: Centre ordered by Supreme Court to publish all orders of Govt under 144 imposing restrictions including on internet.
#KashmirShutdown: Orders suspending internet should be reviewed forthwith, SC rules. Such suspension can only be for a limited time period and is subject to judicial review, Supreme Court.
#KashmirShutdown: Repetitive orders under S. 144 CrPC will amount to an abuse of power, orders SC. Reasons have to be given for imposing 144 orders and Magistrate should balance rights of individual with state interest when issuing such orders
These directions by Supreme Court come more than 5 months into the shutdown in Kashmir.
#KashmirShutdown: Takeaways from SC verdict
1. Govt should publish all orders under S. 144 CrPC imposing restrictions. These orders should give reasons and subject to judicial review.
3. Access to interent fundamental right
3. Govt should review internet curbs within 7 days
1. Govt should publish all orders under S. 144 CrPC imposing restrictions. These orders should give reasons and subject to judicial review.
3. Access to interent fundamental right
3. Govt should review internet curbs within 7 days
4. Importantly, court has not struck down any of the restrictive orders. Instead it has asked govt to review the same and also allowed affected persons to challenge the same in court of law.
5. However, it has ordered restoration of essential services like hospitals, banking, govt websites etc
