Kashmir : Internet Shutdown For Over 100 Days A Violation Of Right To Life, Submits Dushyant Dave [Read Written Submissions]

The internet shut down in Kashmir region which has been in existence for over past 100 days is a grave violation of fundamental right to life, submitted Senior Advocate Dushyant Dave before the Supreme Court on Tuesday.Dave is appearing for an intervenor in the petition filed by Anuradha Bhasin, Executive Editor of Kashmir Times daily.Dave referred to the recent landmark decision of the High Court of Kerala which declared that right to internet was a part of right to life and right to education.Citing the National Telecom Policy, Dave submitted that the Central Government itself has recognized internet a basic necessity for education and communication. Despite this, the Government has snapped mobile data connections in the Kashmir region, following the abrogation of the special status of J&K on August 5.The internet shutdown is a way for the government to avoid criticism and to prevent people from sharing their views, argued Dave. He added that the Right to freedom of speech and expression includes the right to freely circulate ideas. Article 19(1)(a) supports democracy but the government is looking to suppress it as everyone has been silenced on the apprehension that everyone is a terrorist. Broadband is a basic necessity and part of Right to Life. Dave cites Kerala HC decision which held right to internet a fundamental right.#KashmirRead the Kerala HC decision here :https://t.co/HVQRm4z7is— Live Law (@LiveLawIndia) November 19, 2019Dave began his submissions before the bench comprising Justices N V Ramana, Subhash Reddy and B R Gavai by highlighting the delay in the hearing of the matters."We are asking the government why restrictions have not been lifted...it is our grievance that nothing has happened between August and October...Petitioners should not be looked at as being against the integrity of the nation." Dave went on to suggest that all other matters should have been set aside by the court to hear the grievance of 7 million people. "These 7 million people are as Indian as anyone else, even more so since abrogation of Article 370...Their grievance needs to be addressed...It's been 106 days." The Bench then asked about the whereabouts of Solicitor General Tushar Mehta, who was arguing another matter before a constitution bench, and told the government lawyer to ensure that the SG would be present in court tomorrow and argue. "No more adjournments". The Bench further expressed its displeasure as the government had failed to submit the status report regarding public transportation since August 5 in J&K, despite being asked for it 2 hearings ago.Right to protest cannot be taken awayDushyant Dave then cited a judgment from the Israeli Supreme Court to highlight the manner in which terrorism was dealt with. Even if there were implications in terms of security, violations of legal rights could not be allowed, argued Dave refering to the judgment. The government cannot hide behind a likelihood of acts of terror, he said, and restrictions cannot be justified on the basis of J&K being in the grip of terror, which it has been for many years. The senior counsel was critical of the government's affidavit and called their approach casual, since the included no facts to show why such orders were passed. Citing demonstrations in Hong Kong, which have lasted for over 50 days, Dave said there are still no restrictions there. This is the right to protest, which cannot be taken away. The government should have realized what would happen after abrogation of 370, and should have allowed protests to happen, he added. Imposing such blanket restrictions are unheard of and the court must protect the rights of citizens.'We are becoming a police state' Dave moved on to say that the government had tried to keep the courts out of the equation as well, by saying the court could not interfere with executive orders. He criticized the government for the manner in which it had delayed this hearing by seeking adjournments and the manner in which the government affidavit asked the court not to intervene. Referring to constituent assembly debates, the senior counsel invoked the words of BR Ambedkar. Ambedkar's views were that rights were of no use if there was no machinery to enforce them and that Article 32 was of great significance as it is the court that will protect individual liberty. "He (Ambedkar) had faith in Your Lordships", said Dave. Citing media reports about 10,000 people being charged with sedition in Jharkhand and examples of phone tapping in Gujarat, Dave submitted that "we are becoming a police state". Referring to various speeches and constituent assembly debates, Dave highlighted that the executive would always try to dilute liberty and the consequent importance of enforcing civil rights through the court. Invoking speeches which warn about an executive's aim to curb liberty and its interest in social control, Dave urged that it is "only Your Lordships (that) can stop that from happening...Individual liberty...

Kashmir : Internet Shutdown For Over 100 Days A Violation Of Right To Life, Submits Dushyant Dave [Read Written Submissions]

Nilashish Chaudhary

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