The Supreme Court on Wednesday reserved its verdict on a batch of pleas including that of Congress leader Ghulam Nabi Azad challenging the restrictions imposed in Jammu and Kashmir following abrogation of Article 370.
A bench of Justice N V Ramana, Justice R Subhash Reddy andJustice B R Gavai is hearing the pleas.
Appearing for Azad, senior advocate Kapil Sibal said theyunderstand that there are national security issues in Jammu and Kashmir, butthe entire seven million population cannot be “locked down”.
Advocate Vrinda Grover, appearing for Kashmir Times EditorAnuradha Bhasin, termed the curbs “unconstitutional” and said therestrictions have to pass the test of proportionality.
On Tuesday, the Jammu and Kashmir administration justifiedimposition of curbs on Internet services after abrogation of the special statusgiven under Article 370, saying separatists, militants and Pakistan’s army madeattempts on social media to instigate people for ‘jihad’.
Solicitor General Tushar Mehta, appearing for Jammu andKashmir administration, had said that it was not only fighting enemies withinbut also with those from across the border.
Mehta referred to public speeches and social media posts offormer Jammu and Kashmir chief minister Mehbooba Mufti and leaders of NationalConference party against the removal of Article 35A, which gave special rightsto permanent residents of the state, and Article 370 provisions that grantedspecial status to the state.
Referring to social media app Twitter, Mehta said that”there were thousands of messages on official twitter handles of Pakistanarmy, Afghan Taliban and other groups meant to instigate the people of Jammuand Kashmir.”
“There was propaganda by Pakistan army. We would have failedin our duty if we had not taken precautionary steps.”
He had said that “the only solution is that either youhave Internet or you don’t” as it was very difficult to segregate,especially in such a huge area. There were prohibitory orders so that there areno congregations which would have created law-and-order situation, he had said.
On November 21, the Centre justified restrictions imposed inJammu and Kashmir after the abrogation of provisions of Article 370 and saidthat due to the preventive steps taken, neither a single life was lost nor asingle bullet fired.
The Centre had referred to violence in the Kashmir Valleyand said that for the past so many years militants were being pushed throughfrom across the border, local militants and separatist organisation had heldthe civilians captive in the region and it would have been “foolish”if the government would not have taken preventive steps to secure the lives ofcitizens.