Won’t intervene on Kashmir for now: SC

NEW DELHI: Putting faith in Centre’s assurance that normalcy will be restored in few days in Jammu and Kashmir, the Supreme Court on Tuesday refused to intervene and pass order for lifting clampdown in J&K saying that the issue is very sensitive and government should be given some time to normalise the situation.
Holding that no one is aware about the ground realities prevailing in J&K, a bench of Justices Arun Mishra, M R Shah and Ajay Rastogi said that it would not be proper for it to interfere at this stage.It said that decision to impose restriction was placed to maintain law and order there. It asked attorney general K K Venugopal on how long the restriction would go on and whether the government is reviewing the situation.

Referring to 2016 protest in the valley in the aftermath of encounter of militant Burhan Wani, Venugopal told the bench it had taken three months for the government to restore the normalcy and during which around 47 persons were killed. He told the bench that there is no causalities in J&K after the government scrapped special status given to J&K under Article of the Constitution and imposed restriction there.
“Yes we are reviewing the situation on day-to-day basis. We expect normalcy to be restored in few days. There are section of people in J&K who may law and order problem and restriction is needed. We have to ensure that law and order situation in J&K is maintained,” the AG told the court.
Solicitor General Tushar Mehta said that restriction was being lifted district wise and it was for the district magistrate to take a decision on the basis of prevailing situation in the district.
Senior advocate Menaka Guruswamy, appearing for petitioner Tehseen Poonawala, pleaded the court that at least medical services and landline connection should be restored. She said that people living outside J&K are not able to know about their relatives residing in the state and sought court’s intervention.
But the bench said the issue of Jammu and Kashmir is very sensitive and nothing can be done overnight. Holding that government should be given time to bring normalcy, the court told her, “We are with you on the issue of liberty of the people. But we should have a real picture before us(about situation in J&K) before passing any order. Wait for some time. If position remains like this then we will take a call. But government must be given some time. Court cannot take over day-to-day administration. If normalcy does not come back then you can come back again to us.”
The petitioner alleged that people are suffering due to snapping of all electronic modes of communication and also pleaded the court to direct release of politicians who had been put under house arrest. “The action taken by the Centre pertains to gross abuse of its power under the law whereby the people of J&K are suffering on account of unwarranted imposition of undeclared curfew and emergency-like restrictions are being imposed under the garb of Section 144 of Code of Criminal Procedure. The citizens are barred from having access to basic healthcare, education and other essential services. The local inhabitants are facing difficulty to access day-to-day necessities, particularly patients, children, women and infants who have literally been arrested in their own houses for no rhyme or reason,” the petition said.
The bench, however, said that the petition has been poorly drafted and filed carelessly. It also raised question on the petitioner saying, “We are familiar with his name. He files all kind of petitions in court. He may not be getting correct picture of situation in J&K. No one knows the reality.” The court thereafter deferred the hearing for two weeks.