SC asks J&K to restore normalcy in Kashmir keeping in mind national interest, security

NEW DELHI: A CJI-led SC bench asked the Centre to restore normalcy in J&K while keeping national security in mind and allowed leading political figures such as Congress’ Ghulam Nabi Azad and CPM’s Yusuf Tarigami to go to Srinagar and issued notices on a petition seeking the release of former CM Farooq Abdullah from illegal detention.

“Every effort must be made to ensure that normal life is restored. People should have access to health care and schools and colleges must function normally. Everything must be done keeping in mind the needs of national security,” a bench led by CJI Ranjan Gogoi said. The bench also sought an affidavit on this from the government by the next hearing. The bench, though, refused to interfere for the time being with the communication lockdown which has affected the media. It has been 43 days since the lockdown was imposed in the wake of a government decision to withdraw Article 370. The clampdown has been eased only partially since then.

Attorney General KK Venugopal defended the executive action saying the state was under a three-pronged attack from stone-pelters, cross-border terrorists and terror funding from home and abroad. He specifically accused the Pakistan High Commission in Delhi of funding such activities.

More than 41,000 persons had died in the state since 1989, he claimed. He also denied any health crisis in the state following curbs on free movement and travel on residents.

Solicitor General Tushar Mehta claimed curbs in Ladakh and Jammu had been lifted 100% and 80% in Kashmir. Pharmacies are working and the state is well stocked, he said. He also refuted senior advocate Meenakshi Arora’s contention that movement curbs and a shutdown of public transport was causing misery for expecting mothers and the ill.

Vrinda Grover, appearing for Anuradha Bhasin, the executive editor of Kashmir Times, argued landlines which form a small portion of usage were functional. Internet and mobile telephony was still down, she said. The bench though seemed sceptical of the claims and at one point and suggested the issue be raised before the J&K HC since it was a “local” issue.

Justice SA Bobde sought to know if it was a “breakdown” or a “shut-down”. “Who has done it?” and “Why”. He initially suggested that the High Court look into the issue but later did not insist on it after Grover argued that it was difficult to access the HC because of movement and travel curbs.

A similar argument from child rights’ activists had the CJI fuming. The CJI issued notices on the claim that the HC was not accessible to the chief justice there and sought a report from him on this. “I will personally go and visit the High Court if need be,” the CJI said, warning the litigants of consequences if their arguments did not stand court scrutiny.