New Delhi: There has to be a balance between personal liberty of an individual and national security, the Supreme Court said Tuesday while hearing the pleas that have raised issue of curbs in the Kashmir Valley after the abrogation of provision of Article 370.
The top court’s remarks came after the Jammu and Kashmir administration said that 100 per cent landlines are working in the Valley and their is no restriction on the movement of people during the day time. Solicitor General Tushar Mehta, appearing for J&K administration, told a bench headed by Justice N V Ramana that if mobile and internet facility were resorted in the Valley, then fake WhatsApp messages would be circulated from “across the border” and it might incite violence there.
Several petitioners, including Executive Editor of Kashmir Times Anuradha Bhasin, activist Tehseen Poonawala and Foundation of Media Professionals, through its president Paranjoy Guha Thakurta, claimed that their was complete lockdown of communication networks and restrictions on movement of journalists.
The bench, also comprising justices R Subhash Reddy and B R Gavai, sought response from Centre and asked the petitioners to file their rejoinder and listed the matter in the second week of November. “There has to be a balance between personal liberty of a person and the national security,” the bench said while dealing with a batch of nine petitions pertaining to restrictions in the Valley.
At the outset, the top court dealing with the petition of CPI(M) general secretary Sitaram Yechury said that it was habeas corpus (writ directing production of a person in detention before the court) petition and he has already been granted indulgence by the court.
“You have moved a habeas corpus petition. That prayer no longer survives as that person — Mohd Yousuf Tarigami — has himself moved the apex court challenging the abrogation of Article 370. It was a limited question. what further relief do you want,” the bench told senior advocate Raju Ramachandaran, representing Yechury.
Ramachandaran said he want that either the detention of Tarigami be declared illegal or the authority be asked to justify his detention after August 5. To this, the bench said that Jammu and Kashmir High Court is functioning smoothly and the petitioner can approach there for relief. (PTI)
