SC asks Jammu and Kashmir administration to review all restrictions within 7 days

The judgement was passed by a three-judge bench headed by Justice N.V. Ramana on a batch of pleas challenging the restrictions imposed in the valley. Kashmir Times Editor Anuradha Bhasin were among the petitioners.

The top court has also ordered the Jammu and Kashmir administration to restore Internet services in all institutions like hospitals, banks, education centres which provide essential services.

Holding the access to internet as a fundamental right, Justice Ramana said, "Internet services are part of freedom of speech under Article 19(1) of the Constitution."

Not getting into the "political intent" behind the imposition of restrictions, Justice Ramana said Internet cannot be shut down for an indefinite period of time stressing on the balance between "human rights and freedoms" and "security".

The top court has also asked the Jammu and Kashmir administration to make all orders of restrictions public and to restore websites of government and local bodies.

Reacting to the order, Congress leader Sushmita Dev took a potshot at the Narendra Modi government and told IBNS, "From the Supreme Court's judgement, it is now crystal clear that there are serious question on why the government imposed such restrictions in its first place.

The Supreme Court said liberty and security must be balanced but the government has crushed liberty in the name of security of people who are basically crying against the suppression."

"The government is contradicting itself by saying Jammu and Kashmir is safe. Either the place is safe or not. By curbing the means of communication, the government has shown that the situation in Jammu and Kashmir is not normal," she added.

Bharatiya Janata Party (BJP) spokesperson Sambit Patra said, "We want to congratulate the Narendra Modi government, Jammu and Kashmir government and the people of Kashmir for successfully overcoming the challenge of maintaining peace."

In contrary to Bhasin's claim that the restrictions had crippled the freedom of press, affected communication and other services, the government has always maintained normalcy has now returned in Jammu and Kashmir.

The restrictions were imposed on Aug 5 when the Centre scrapped Articles 370 and 35A to withdraw the special status which was enjoyed by Jammu and Kashmir since Independence in 1947. 

Also the Modi government bifurcated the state into two Union Territories, Jammu and Kashmir and Ladakh.

Even after 150 odd days since the scrapping of Articles 370 and 35A, several Kashmiri leaders including former Chief Ministers- Omar Abdullah and Mehbooba Mufti- are kept under detention.