SC dismisses plea challenging govt order on highway ban

The Supreme Court on Monday dismissed a plea challenging the Jammu and Kashmir government’s order restricting civilian traffic for a day in a week on a stretch of the national highway from Udhampur to Baramulla for the movement of security forces.

Counsel for the state government told the bench comprisingChief Justice RanjanGogoi and Justice Deepak Gupta that the order restrictingtraffic on the national highway was taken due to the ongoing election and willremain in force till May 31.

   

The bench, after hearing the submissions, said, “We arenot inclined to keep this petition pending.”

The state government had issued an order on April 3 in whichit said that keeping in view the Pulwama suicide attack, another car bombattack on security forces’ convoy at Banihal and movement of forces during theLokSabha elections, no civilian traffic movement will be allowed on the NHstretch from 4 AM to 5 PM once a week.

The order had said there would be one “dedicated dayevery week” for movement of security forces’ convoy when there would be nocivilian traffic on the national highway from Baramulla to Udhampur from 4 AMto 5 PM.

The regulation of the vehicular movement on the NH wouldremain in force till May 31, it had said.

The plea had been filed by Muzzafar Shah, the senior vicepresident of state political party ‘Awami National Conference’, and socialworker Yasmeen Sonaullah.

The plea, filed through advocate Suhail Malik, had allegedthat the “absurd and draconian decision” to restrict civilian trafficmovement on 270 kilometre stretch on national highway directly affects lives oflakhs of people and “its indirect economic and social impact isinterminable”.

“The impugned order means a virtual lockdown of thevalley a day every week which will directly affect 10,000 vehicles plying everyhour, which includes vehicles carrying patients, students, tourists,businessmen and government officials,” the plea said, adding, “suchan extreme step was not even adopted during the Kargil War in the year1999”.The plea said: “It is further submittedthat the illogical, vindictive and notorious order would result in offices,schools, colleges, banks, airports, railway stations shut for a day aweek.” It had further said that the order will “have a direct impacton the General Election of 2019 as it will disrupt the campaigning andconstrict the ability of political parties and candidates to mobilise workers,set up public meetings and meet workers”.

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