Before the Supreme Court today, the Central government cited national interest as the reason for imposing restrictions in Jammu & Kashmir. It further revealed that the situation is approaching a stage where the restrictions in the region may not be required.

Such restrictions were put in place to prevent any loss of life or property in the aftermath of the decision to revoke the special status of State of Jammu and Kashmir, counsel for the Centre told the Bench of Chief Justice of India Ranjan Gogoi, SA Bobde, and S Abdul Nazeer.

Defending the move to curb media and communications and to impose curfew and prohibitory orders under Section 144 of the Cr.PC in the region, the Centre has said that these measures were temporary and would help in ensuring minimal violation of law and order.

Secretary to the Government of Jammu & Kashmir, Manoj Kumar Dwivedi, detailed the government’s position on the situation on the ground. His note states,

“The Government, therefore, had to take the best possible steps in national interest for preventing any loss of life or property which would otherwise have been inevitable, if the restrictions which have been placed had not been implemented.”

Many political leaders from Kashmir have been placed under house arrest or detention since August 5, when the Presidential Order revoking Jammu & Kashmir’s special status was issued. Without naming any leaders, the Centre’s note purportedly hints at Mehbooba Mufti, Farooq and Omar Abdullah, among others, to say that their detention is in the interest of preventing deterioration of law and order in the region.

“When the decisions were taken by the Constitutional authorities on 05.08.2019 with regard to article 370 it was clear that the persons who had been in power over long number of years in the State, as well as the separatists, who’s very commanding position, would be jeopardised, and they would not hesitate to attempt to ensure that the Law and Order situation deteriorates.”

Interestingly, when the Habeas Corpus petition filed by MDMK leader Vaiko for National Conference President Farooq Abdullah was taken up today, the Court asked the Centre if Abdullah was under detention. Solicitor General Tushar Mehta responded that he would have to take instructions on this point.

Besides the “commanding position” of separatists and “persons who had been in power” for a long duration, the government has also cited violence on account of cross border terrorism and local militancy as reasons for imposing these restrictions. The note further adds that large exchange of monies takes place from across the border through hawala routes, which are in turn used by separatists to pay stone-pelters for disturbing the law and order situation in the valley.

The Centre has further justified the ongoing internet and communications blackout in the region, which has been in place since August 5, by citing the three-month internet shutdown in the valley in 2016 after the killing of Hizbul Mujahideen commander Burhan Wani.

The notes states that these preventive measures have succeeded, and that not a single bullet has been fired and not a single civilian life has been lost thus far.

“It is to the credit of the Government that these measures have succeeded in full, as not a single bullet has been fired till date and there has not been any loss of life on account of any police firing. 

…The pre-emptive action this time has led to a controlled situation which has minimized loss of life and property despite constant instigation from across the border.”

The note also mentions the gradual phasing out of these restrictions; the government has submitted details of the steps taken by it to ensure that the restrictions are lifted.

“The restrictions are only temporary in character, as the following facts will show that step by step and stage by stage there has been a relaxation in the restrictions.  We are approaching a stage when no such restrictions may be necessary. 

…over the last few weeks the restrictions have been gradually eased out in a phased manner in order to ensure a smooth return of normalcy for the citizens of Jammu and Kashmir.”

The government put forth its stand while the Court was hearing a batch of petitions pertaining to the media and communications blackout in the Kashmir region. At the end of the hearing, the Bench directed the government to ensure normalcy is restored in the region subject to national interest.