We’re becoming a police state, counsel tells SC

Dushyant Dave questions the need for ‘blanket restrictions’ in Jammu and Kashmir, asks court to stand up for the people

“We are slowly becoming a police state,” senior advocate Dushyant Dave said in the Supreme Court on Tuesday, while referring to the “blanket restrictions” placed in Jammu and Kashmir after its special status under Article 370 of the Constitution was revoked on August 5.

Mr. Dave said the government had brought “draconian and sweeping” restrictions on all persons in the State without knowing whether they had a criminal history or not. Such blanket restrictions violate the right to life and liberty under Article 21, he said.

“This kind of restrictions is unheard-of in a democracy,” Mr. Dave, who was appearing for the Foundation for Media Professionals, said, urging the Supreme Court to step in to protect the rights of the people.

“This court has to stand up for the people,” Mr. Dave said, invoking the words of B.R. Ambedkar that rights without remedies was of no use. “Individual liberty cannot be subsumed for social control,” he said citing Constituent Assembly debates.

He said that even in the Hong Kong protests, which have been going on for over 50 weeks, the government has not imposed such restrictions. Even a Hong Kong court has ruled against the government’s decision to ban wearing of masks by protesters, he said.

Mr. Dave also brought the attention of the three-judge Bench of Justices N.V. Ramana, R. Subhash Reddy and B.R. Gavai to the “cavalier” affidavit filed by the Centre and State government on the issue. “Their affidavit is a casual approach towards what they have done in the State,” Mr. Dave said, adding that the blanket restrictions were not supported by hard facts.

He also argued that the restrictions should be temporary and could not go on for over 100 days.

Internet freedom

Accusing the government of stifling voices of citizens using the Internet shutdown, Mr. Dave said the right to freedom of speech and expression included freedom of propagation of ideas, including the freedom to circulate one’s ideas. He referred to a recent verdict of the Kerala High Court that had stated that Internet freedom was a fundamental right.

After Mr. Dave concluded his submission, senior advocate Meenakshi Arora, appearing for activist Tehseen Poonawala and Shoaib Qureshi, began her arguments. She said that apart from Internet shutdown, there was no public transport such as bus services in the State.

The Bench has posted the case for further hearing on November 21.