New Delhi, November 20, 2019 (PPI-OT): Senior Advocate Dushyant Dave has submitted before the Indian Supreme Court that the internet shutdown in Kashmir region which has been in existence for over past 106 days is a grave violation of fundamental right to life.
Dave is appearing for Anuradha Bhasin, Executive Editor of Kashmir Times daily, in the Supreme Court. Dave referred to the recent landmark decision of the High Court of Kerala which declared that right to internet was a part of right to life and right to education.
The lawyer submitted that the Indian government itself had recognized internet a basic necessity for education and communication. Despite this, the government has snapped mobile data connections in the Kashmir region, following the abrogation of the special status of J and K on August 5.
Dave added that the right to freedom of speech and expression includes the right to freely circulate ideas. Article 19(1)(a) of the Indian constitution supports democracy but the government is looking to suppress it as everyone has been silenced on the apprehension that everyone is a terrorist. He began his submissions before the bench comprising Justices N V Ramana, Subhash Reddy and B R Gavai by highlighting the delay in the hearing of the matters.
“We are asking the government why restrictions have not been lifted…it is our grievance that nothing has happened since August …” Dave went on to suggest that all other matters should have been set aside by the court to hear the grievance of eight million people in Kashmir. Dave urged that individual liberty cannot be subsumed by social control. The government has “given draconian sweeping orders through which everyone is subjected to restrictions, without knowing the history or background”, he added.
Senior advocate Meenakshi Arora appeared on behalf of Shoaib Qureshi and Tehseen Poonawalla. She reiterated the arguments that orders of blanket restrictions lack basis and that the state cannot curtail rights without placing any material facts. Before the bench rose, Arora highlighted that there was still no internet, effectively no transport, no SMS services, and no prepaid services functional. The poor can access government medical care only through the internet and there’s no access, she said. The hearing was adjourned till Thursday (November 21).
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