Kashmir Situation Is Normal Except For Internet; Restrictions Are Minimal : Solicitor General

Solicitor General Tushar Mehta on Thursday commenced his arguments on behalf of the state government in the petitions challenging restrictions in Jammu and Kashmir. At the outset it was stated that it is the duty of a responsible government to protect the citizen's life and security. Calling the argument that there was no prevalent situation necessitating the shutdown untrue, Mehta said action was taken in discharge of the government's Constitutional obligation. For the first time in 70 years, rights had been conferred on the people of Kashmir, not taken away. The SG submitted that the country was not dealing with any internal revolt, but is a victim of cross border terrorism. Terrorists take the help of locals and can attack digitally. Citing data and figures related to terrorist activities and casualties since 1990, he argued the decision to abrogate Article 370 was necessary and reiterated that it is for the first time that rights were conferred, not snatched. The situation is normal except for the internet, restrictions are minimal he assured.The hearing was going on before the bench consisting of Justices N V Ramana, Subhash Reddy and B R Gavai. Mehta went on to enlist the benefits of abrogation. There will be grassroot democracy with the application of the entire Indian constitution, different sections of society will benefit, working conditions will improve, various sections can get employment opportunities, property rights and rights of women will be upheld, applicability of Central laws will lead to development. Right to Education was not applicable earlier in Kashmir, yet no one came to court asking for its application added Mehta. On the issue of free speech, the SG claimed that rights under Art 19 were not absolute and the government could regulate them in the interest of the state and the general public. Reasonable restrictions on fundamental rights are always imposed when there is compelling state interest, he said. There was application of mind, he argued, since movement was not banned despite landlines being shut and public assembly being prohibited. Upon being questioned by Justice Ramana on the imposition of Section 144 in the entire state, Mehta submitted that it had been imposed according to police stations. The officer in charge takes the call as he has an understanding of the ground situation. There were 7 districts where no restrictions were imposed at all and some areas where it was lifted within a week, informed Mehta. Landline facilities were restored periodically and normal services resumed by September 4 and 202 police stations have been restriction free since September 27, he added. It is not an en masse block down as projected and the situation is being reviewed and decisions are being taken on a continuous basis, which shows an application of mind, asserted the SG. The threat perception and history of each area is taken into account before any decision, but it has wrongly been presented that there has been over 100 days of absolute clampdown across J&K. Most citizens are peace loving and it is the duty of the government to protect that majority against the threat and instability that a miniscule minority could cause. However, on being told by the Bench that the petitioners had argued that no reasoning was given to pass orders, Mehta simply stated that the government "can't disclose everything". Criticizing the petitioners, Mehta said they had trivialised the Army's role and the manner in which security forces acted to ensure no loss of life, with their argument that the government cannot put a curfew and say there was no murder. He then stated that the discourse regarding children not going to school is misleading as over 99% students appeared for the scheduled exams, that internet services are available at certain places and tourists go to hotels regularly, where there is internet. He gave further data and figures on medicine availability, OPD visits, farmers selling apples, functionality of government offices, supplies of essential commodities and transport services. Countering the claim made by Senior advocate Kapil Sibal on behalf of Ghulam Nabi Azad, Mehta claimed all transport services were restored in a week's time and now all forms of public transport were available on all routes. He further claimed all TV channels, radio stations and 70 approved and unapproved publications were running perfectly in J&K, but it was the petitioner, the Editor of Kashmir times, who chose not to publish from Srinagar. On the allegation that the government's Ayushman Bharat scheme being unavailable due to internet being inaccessible, Mehta claimed that the common man was not suffering as not only did the scheme not require internet access, but there were other offline facilities which could be availed as well. Calling it a scheme for the poorest of poor who do not require to pay, it was said that the doctors that take a risk as they are paid at a later stage. He then read out...

Kashmir Situation Is Normal Except For Internet; Restrictions Are Minimal : Solicitor General

Nilashish Chaudhary

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