The Supreme Court on Tuesday fixed November 14 to start hearing on a batch of petitions challenging the constitutional validity of the Centre’s decision to abrogate Article 370 that gave special status to Jammu & Kashmir. The SC also said there has to be a balance between personal liberty of an individual and national security.
A five-judge Constitution Bench headed by Justice NV Ramana allowed the Centre and the J&K administration to file counter-affidavits.
The top court refused the plea of petitioners that not more than 2 weeks be given to the Centre and J&K administration for filing counter-affidavits. The apex court also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370.
The Bench said one week time would be for the petitioners to file their replies to the counter-affidavit that would be filed by the Centre and J&K administration within four weeks.
“There has to be a balance between personal liberty of a person and the national security,” the Bench said while dealing with a batch of nine petitions pertaining to restrictions in the Valley.
The top court’s remarks came after the J&K administration said 100 per cent landlines are working in the Valley and their is no restriction on he movement of people during the day time. Solicitor General Tushar Mehta, appearing for J&K administration, told a Bench headed by Justice N V Ramana that if mobile and internet facility were resorted in the Valley, then fake WhatsApp messages would be circulated from “across the border” and it might incite violence there.
Several petitioners, including Executive Editor of Kashmir Times Anuradha Bhasin, activist Tehseen Poonawala and Foundation of Media Professionals, through its president Paranjoy Guha Thakurta, claimed that their was complete lockdown of communication networks and restrictions on movement of journalists.