The learned Solicitor General submitted that the first and
foremost duty of the State is to ensure security and protect
the citizens- their lives, limbs and property. He further
submitted that the facts relied on by the Petitioners and the
Intervenors were incorrect, as they did not have the correct
information about the factual position on the ground in the
State of Jammu and Kashmir.
The learned Solicitor General submitted that the historical
background of the State of Jammu and Kashmir is
necessary to be looked at to understand the measures taken
by the State. The State has been a victim of both physical
and digital cross border terrorism.
The abrogation of Article 370 of the Constitution on
05.08.2019 was a historic step, which resulted not in the
taking away of the rights of the citizens of Jammu and
Kashmir, but conferment of rights upon them which they
never had. Now, with the abrogation, 106 people friendly
laws have become applicable to the State of Jammu and
Kashmir.
The learned Solicitor General submitted that the Petitioners
were incorrect to state that public movement was restricted.
In fact, individual movement had never been restricted.
Additionally, while schools were closed initially, they have
now been reopened. Depending on the facts, circumstances
and requirements of an area, restrictions were put in place
which are now being relaxed gradually.
On the orders passed by the Magistrates under Section 144,
Cr.P.C., in their respective jurisdictional areas, the learned
Solicitor General submitted that they were best placed to
know the situation on the ground, and then took their
respective decisions accordingly. Currently, there is nearly
hundred percent relaxation of restrictions. Restrictions were
being relaxed on the basis of the threat perception.
Restrictions were never imposed in the Ladakh region. This
fact shows that there was application of mind while passing
the orders by the officers on the ground, and that there was
no general clampdown, as is being suggested by the
Petitioners.
Further, the learned Solicitor General pointed to various
figures to indicate that people were leading their ordinary
lives in the State. He submitted that all newspapers,
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