Indicating that the State can impose restrictions, the
learned senior counsel focussed on the question of the
“least restrictive measure” that can be passed. The learned
senior counsel submitted that while imposing restrictions,
the rights of individuals need to be balanced against the
duty of the State to ensure security. The State must ensure
that measures are in place that allows people to continue
with their life, such as public transportation for work and
schools, to facilitate business, etc.
Mr. Huzefa Ahmadi, Senior Counsel for Intervenor in I.A. No.
139141 of 2019 in W.P. (C) No. 1031 of 2019
The learned senior counsel emphasized on the term
“reasonable”, as used in Article 19(2) of the Constitution,
and submitted that the restrictions on the freedom of
speech should be reasonable as mandated under Article 19
of the Constitution. These restrictions need to be tested on
the anvil of the test of proportionality.
Learned senior counsel submitted that Section 144, Cr.P.C.
orders should be based on some objective material and not
merely on conjectures.
Mr. Dushyant Dave, Senior Counsel for the Intervenor in I.A.
No. 139555 in W.P. (C) No. 1031 of 2019
Learned senior counsel attempted to highlight that the issue
of balancing the measures necessary for ensuring national
security or curbing terrorism, with the rights of the citizens,
is an endeavour that is not unique, and has been
undertaken by Courts in various jurisdictions. Learned
senior counsel relied on the judgment of the Supreme Court
of Israel concerning the Legality of the General Security
Service's Interrogation Methods in Public Committee
Against Torture in Israel v. Israel, 38 I.L.M. 1471
(1999) relating to the question of whether torture during
interrogation of an alleged terrorist was permissible. In that
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