Anuradha Bhasin v/s. Union of India
- Ayush Chaurasia
- September 6, 2020
Content :
Jammu and Kashmir, an Indian territory, has been the subject of several decade\'s long disputes between two neighbouring nations India and Pakistan. On August 5, 2019, the Indian Government in “concurrence” with the “Jammu and Kashmir government” issued Constitutional Order 272 i.e. Constitution (Application to Jammu and Kashmir) Order, 2019,applying all provisions of Indian Constitution to Jammu and Kashmir and stripped it from its ‘special status’ that it had enjoyed since 1954 under Article 370 of the Indian Constitution.
The issue started on August 2, when in the days leading up to this Constitutional Order, the Civil Secretariat, Home Department, Government of Jammu and Kashmir, informed Amarnath Yatra pilgrims and tourists to leave Jammu and Kashmir. Following this, the schools and offices were also shut down until further notice. On August 4, 2019 internet services, mobile phone networks, and landline connectivity were shut down in the region. The District Magistrate passed the order imposing additional restrictions on freedom of movement and public gathering, apprehending breach of peace and tranquillity citing authority to do so under Section 144 of Code of Criminal Procedure, 1973.
The petitioner Ms. Anuradha Bhasin, the executive editor of the newspaper the Kashmir Times challenged the internet shutdown and the restrictions imposed on the movements by the government being violative of freedom of speech and expression and freedom to carry any trade or occupation enshrined under Article 19 of the Indian Constitution. A similar petition was filed by Mr. Ghulam Nabi Azad, a Member of Parliament belonging to the largest opposition party in India’s upper house, seeking the issuance of an appropriate writ to quash any order issued by the Government under which all modes of communication have been shut down. Furthermore, the petitioner seeks the issuance of an appropriate writ directing respondents to restore all modes of communication by taking the appropriate steps for ensuring the free movement of the journalist and reporters.
In this context, the Supreme Court of India reviewed the petitions of the constitutionality of Internet shutdown and movement restrictions challenged under Article 32 of the Constitution.
