indicate that the restriction imposed was contemplated to be
of a temporary nature.
The orders passed under the Suspension Rules placed on
record by the State of Jammu and Kashmir, regarding the
restrictions pertaining to the Internet and phones (either
mobile or telephone were ex facie perverse and suffered from
non-application of mind.
Learned counsel submitted that the orders were not in
compliance with the procedure prescribed under the
Suspension Rules. Further, the orders did not provide any
reasoning as to the necessity of the restrictions, as is
required under the Suspension Rules.
Lastly, the learned counsel contended that the orders are
based on an apprehension of likelihood that there would be
danger to a law and order situation. Public order is not the
same as law and order, and the situation at the time when
the orders were passed did not warrant the passing of the
orders resulting in restrictions.
Mr. Kapil Sibal, Senior Counsel for the Petitioner in W.P. (C)
No. 1164 of 2019
Learned senior counsel submitted that the orders of the
authorities had to be produced before the Court, and cannot
be the subject of privilege, as claimed by the State.
It was submitted that the conduct of the State, in producing
documents and status reports during argumentation, was
improper, as it did not allow the Petitioners with sufficient
opportunity to rebut the same.
Learned senior counsel submitted that the Union of India
can declare an emergency only in certain limited situations.
Neither any ‘internal disturbance’ nor any ‘external
aggression’ has been shown in the present case for the
imposition of restrictions which are akin to the declaration
of Emergency.
With respect to the orders restricting movement passed
under Section 144, Cr.P.C., the learned senior counsel
contended that such an order is made to deal with a ‘law
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