welcomed SC Judgment on curbs on civil liberties in J&K
January 10, 2020. “The Supreme Court of India has announced a long waited
judgment on the restrictions on fundamental rights and civil liberties in Jammu
and Kashmir since August 5, 2019.
Prof.Bhim Singh, a Sr. Advocate in the Supreme Court as well as Executive
Chairman of State Legal Aid Committee, J&K has welcomed the judgment of the
Supreme Court directing the Union of India to review all curbs imposed in Jammu
and Kashmir and release access to internet which form integral part of the
fundamental rights enshrined in the Constitution of India.”
Singh described the judgment of the Supreme Court for restoring all fundamental
rights enshrined in the Constitution of India in Jammu and Kashmir which have
been curbed illegally and unconstitutionally following abrogation of Article
370. NPP Supremo while welcoming the judgment of the Supreme Court described
the order that, “Freedom of expression and carrying on trade through internet
is protected under Article 19(1) of the Constitution and can be restricted only
under the reasons given in Article 19(2) of the Constitution.” The Supreme
Court Sr. Advocate also welcomed the court verdict saying that, “A mere
expression of dissent or disagreement against a government decision cannot be
reason for internet suspension.”
Singh warned the State Govt. that it shall face contempt proceedings in the
Supreme Court if all detained under J&K Public Safety Act including the
former Chief Ministers and other ex-ministers, Members of Parliament and
Legislators are not released forthwith who are illegally detained under the
State’s illegal detention Law like Public Safety Act. He also demanded
compensation to all those who were detained under PSA after this law was
quashed by the President of India with Article 35-A on August 5, 2019.
Prof.Bhim Singh who himself has suffered detentions during his days as Member J&K Legislative Assembly under Public Safety Act and even received compensation for his illegal/unconstitutional detentions by the Govt. of India. He said that the present situation is exactly the same when the administration had used illegal laws to deprive the Indian citizens of their civil liberties and freedom of movement and speech. All those detained illegally should be released forthwith and be paid compensation for their illegal detentions so that the message of the Constitution of India with its fundamental rights shall reach every home, nay every person in Jammu and Kashmir as well. So that the Rulers of the State shall also learn a lesson that it is Law/Constitution which is supreme and not the Executive Orders of a dictatorial government as we had today in Jammu and Kashmir. Prof.Bhim Singh sent the message to the Legal Aid Committee, J&K to celebrate this decision of the Supreme Court wherever its’ Members are working/functioning in India or abroad.
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