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Wednesday 29 January 2020

Supreme Court on net ban, Sec 144 in J&K: 5 salient points

The apex court has formed a committee to review the bans imposed by the government on Jammu and Kashmir since the scrapping of Article 370

An important hearing took place in the Supreme Court on Friday over the restrictions imposed on Jammu and Kashmir for a long time. The apex court, reacting strongly to the Internet blockade and Section 144 in what is a union territory since August 2019, formed a committee that will review the ban imposed by the government.

With this development, the Jammu and Kashmir administration has been ordered to make all its decisions public within seven days.

Major decisions of the Supreme Court regarding Jammu and Kashmir are as follows.

  1. The Supreme Court has appealed to the state administration in Jammu and Kashmir to work on e-banking. Along with this, the ban on the trade service was also commented on.
  2. The Supreme Court has taken a tough stand on internet ban. According to the SC comment, the Internet is part of freedom of expression in today’s times. In such a situation, it cannot be banned unnecessarily, if it is to be banned, then all the rules under Article 19 are required to be followed.
  3. Section 144 cannot be enforced for a long time, thus implementing such an order for a long time shows abuse of power. The decisions taken by the government do not fit in any way.
  4. The Supreme Court has constituted a committee with this. The state government has been asked to make all the decisions public, this committee will review these decisions and report.
  5. The Supreme Court has said that if Section 144 is imposed somewhere in future, then it must be reviewed within seven days. The court has also opened the way to go to the High Court to challenge the decisions.

When Article 370 was turned ineffective from Jammu and Kashmir by the union government, a lot of restrictions were enforced only since then. Petitions were filed in the Supreme Court about this. Communication is still banned in Jammu and Kashmir, there is a ban on the visit of politicians.

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