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Normalcy need not be restored in J&K instantly : SC
On August 5th, 2019, a constiutional order was issued by Presidnet Ram Nath Govind that revoked earlier Presidential order passed in 1954 (that streamlined and restricted the applicability of other provisions of the Constitution to Jammu & Kashmir) After the subsequent passing of resolutions in both Houses of the Parliament, a subsequent order was passed that declared the clauses of Article 370 of the Constitution of India to be abrogated. Hence, stripping Jammu & Kashmir the "special status" earlier bequeathed upon it, along with the aforementioned provision even Article 35A that conditioned the citizenship in the area was rendered inapplicable.
Jammu & Kashmir, and, Ladakh, after such abrogation of the provisions are declared to be Union Territories, the distinction being that the former shall have a legislature of its own while the latter shall not.
Congress Activist - Tehseen Poonawalla via a plea before the Apex Court prayed for the instant lifitng of the regressive measures, restrictions/curfew formally imposed by the Central Government on the Union Territory of Jammu Kashmir. These restrictions included - inaccess to internet/news channels/ blocking of phone lines...so on, that objected at suppressing a then probable unrest after the passing of the aforementioned order.
It is pleaded that: "The inhabitants of the state of J&K are suffering on account of unwarranted imposition of curfew and/ or restrictions under Section 144 of the Code of Criminal Procedure, 1973, preventive arrests, snapping of phone lines, suspension of internet services, media gag,barred access to healthcare, educational institutions, banks, public offices, shops and establishments and all other basic amenities..." It has further been emphasized that these are in fact violative of the fundamental rights presented under Article 19 and 21 of the Constitution of India.
The Centre in its defense informed the bench comprising Justice - Arun Mishra, M R Shah and Ajay Rastogi, that removal of the curfews and restrictions is being done in an orderly basis; in response to daily reviews of district magistrates.
While acknowledging the need to provide the Centre with sufficient time in order to restore normalcy in the state, the Bench observed, During the hearing, the bench said:
"The government's endeavour is to restore normalcy. That is why they are reviewing the situation on a day-to-to basis. If tomorrow anything happens in Jammu and Kashmir, who will be responsible? Obviously the Centre...nothing can be done overnight. There are serious issues. Normalcy would return and we expect it will come with time. What is important is it has to be ensured that no life is lost."
