'Citizens can't be silenced on govt's fear of violence'

A media professionals' group on Tuesday questioned before the Supreme Court blanket restrictions imposed in Jammu and Kashmir after the revocation of Article 370 of the Constitution on August 5, saying every citizen cannot be silenced on government's apprehension of protest and terrorist violence.

Senior advocate Dushyant Dave, representing the Foundation for Media Professionals, said the Article 21 (right to life and liberty) encompassed all parts of life. Broadband and internet have become basic parts of life.

“The Right to freedom of Speech and Expression includes freedom of propagation of ideas including the freedom to circulate one's ideas,” he said.

He submitted before a bench of Justices N V Ramana, R Subhash Reddy and B R Gavai that the court should send a message to the government not to play with people's rights.

“This court has always stood up for the people. Allow people to protest. Imposing such blanket restrictions was unheard of in a democracy,” he said, adding restrictions which had to be temporary can't continue for over 100 days.

As no law officer was present at that point of time, the court expressed its displeasure. However, subsequently, Solicitor General Tushar Mehta and Additional Solicitor Generals K M Nataraj and Vikramjeet Banerjee made their appearances.

In his submission, Dave said Hong Kong saw protests for over 50 weeks but no such restrictions were imposed, even though it was under control of a communist regime. On Monday, the Supreme Court of Hong Kong had even struck down the restriction on protesters against wearing masks, he said.

Dave accused the Centre and the state of adopting a casual approach, saying there were no hard facts to justify restrictions.

Citing Constituent Assembly debates, he said individual liberty cannot be subsumed just to have social control. They brought draconian sweeping orders whereby everybody was affected irrespective of whether he or she had a history of criminal record or not.

He also cited the recent Kerala HC judgement which stated that the internet was a fundamental right. Dave also referred to the National Telecom Policy 2012, DoT and TRAI policy, which recognised telecommunications, including broadband connectivity, as a basic necessity like education and health.

“The government did not want any kind of criticism. That is why, it imposed a ban on the internet so that people cannot communicate and share their views,” Dave said.

Senior advocate Meenakshi Arora, appearing for activist Tehseen Poonawala and others said, there was no internet and transportation in Jammu and Kashmir, affecting the right to health of the people, among others.