Home Indian Muslim SC refuses to interfere in the centre’s decision on Kashmir

SC refuses to interfere in the centre’s decision on Kashmir

File picture of Supreme Court of India. | Picture: PTI

TCN News

The hearing for the plea challenging the imposition of curfew, closing down schools and colleges and also curtailing all other communication facilities in the state of J & K by the central government was scheduled for today.

The bench headed by Justice Arun Mishra, comprising Justices MR Shah and Ajay Rastogi heard the matter today presented by senior counsel Meneka Guruswamy on the petition filed by political activist Tehseen Poonawala. And the bench ruled that the SC cannot interfere with the decision of centre that imposed restrictions in state after the abrogation of Article 370 revoking the special status of Jammu and Kashmir.

“The present situation in Jammu and Kashmir is very sensitive and it should be ensured that there is no loss of life there,” the Supreme Court said in its observation.

The petitioner had also challenged the house arrest of the 2 former chief ministers Omar Abdullah and Mehbooba Mufti and other political leaders while seeking directions from the Supreme Court to withdraw the communication blackout, blockage of newspapers, internet, cable TV and the curfew. The petitioner, Poonawala also mentioned that the decision of the government violates fundamental rights guaranteed under Article 19 and 21 of the Constitution.

The bench, however, refused to interfere now in the present situation and asked the centre to ensure that normalcy returns in the state. The SC also said that it would take up the matter again in two weeks.

The attorney general appearing for centre informed the court that the government is reviewing the situation in the state on a day to day basis. And he assured that the restrictions would be lifted soon when there is no tension there.

Petitions in this regard challenging the abrogation of the special status of J & K have also filed been by National Conference Lok Sabha members of the party Mohammad Akbar Lone and Justice (retd) Hasnain Masoodi.

Anuradha Bhasin, executive editor of Kashmir Times filed a petition challenging the curb on the media demanding that journalists should be allowed to practise their profession and report on the situation in Jammu and Kashmir.

Shakir Shabir, a lawyer from Kashmir also filed a writ challenging the presidential order of 5th August saying that the decision is unconstitutional.

Manohar Lal Sharma, another advocate also filed a separate plea challenging the presidential order that revoked the special status of Kashmir.

The MPs of PDP headed by Mehbooba Mufti had attempted to tear the constitution when the bill was introduced in the parliament. One MP MM Fayaz also tore his shirt to display his anger and protest.