Supreme Court Declines To Pass Orders On Restrictions Imposed In Kashmir

The Supreme Court of India today declined to interfere in the curfew and restrictions imposed in Jammu & Kashmir, observing that the government must be allowed to take steps to restore normalcy in the valley.

The top court bench of Justice Arun Mishra, Justice MR Shah and Justice Ajay Rastogi was hearing a petition filed by activist Tehseen Poonawalla who sought relaxation of restrictions for the public in J&K. Senior Advocate Menaka Guruswamy argued on behalf of the petitioner and cited instances of inconvenience faced by public due to these measures.

The soldiers have not been able to call their homes due to the restrictions in Kashmir, argued Guruswamy, adding that if the government aims to make Kashmiris “full citizens of the country” then imposing a blanket prohibition is not correct.

The central government was represented by the Attorney General of India KK Venugopal who said the restrictions were imposed to maintain law and order and it will be relaxed soon. The AG cited past experiences such as loss of life in 2016 when it took three months to restore the situation.

Citing the government's handling of the situation, the attorney general said that not a single loss of life has taken place while the restrictions have been in place.

The curfew and Section 144—which bars assembly of four or more people at a time—were imposed in Jammu & Kashmir just a day before the government announced modification in the provisions of the Constitution which granted special status to Jammu & Kashmir.

The bench noted that keeping in mind the sensitive situation of the Valley, the government should be allowed to take steps to restore normalcy.

Guruswamy, however, argued that there has to be some accountability and sought that hospitals, schools and police stations should be exempted from the restrictions.

The bench then proceeded to adjourn the case for two weeks.