Although this Writ Petition was withdrawn during
arguments, the learned senior counsel wished to make
certain submissions regarding the issue at hand. The
learned senior counsel submitted on behalf of the Petitioner
that although he and his family were law abiding citizens,
yet they are suffering the effects of the restrictions. Citing
the House of Lords judgment of Liversidge v. Anderson,
(1941) 3 All ER 338 the learned senior counsel submitted
that it was the dissent by Lord Atkin, upholding the
fundamental rights of the citizens of the United Kingdom,
which is now the law of the land.
Mr. K. K. Venugopal, Learned Attorney General for the Union
of India
The learned Attorney General supported the submissions
made by the Solicitor General. He submitted that the
background of terrorism in the State of Jammu and
Kashmir needs to be taken into account. Relying on
National Investigation Agency v. Zahoor Ahmad Shah
Watali, 2019 (5) SCC 1, the learned Attorney General
submitted that this Court while deciding the aforementioned
case, has taken cognizance of the problem of terrorism in
the State before.
According to the learned Attorney General, keeping in mind
the facts regarding cross border terrorism and internal
militancy, it would have been foolish to have not taken any
preventive measures in the circumstances. The necessity of
the orders under Section 144, Cr.P.C. are apparent from the
background facts and circumstances, when there can be
huge violence if the Government did not take these kinds of
measures. In fact, similar steps were taken earlier by the
Government in 2016 when a terrorist was killed in the
State.
Mr. Tushar Mehta, Solicitor General for the State of Jammu
and Kashmir
15
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