New Delhi: A student from Kashmir and recent law graduate from Delhi’s Jamia Millia Islamia University moved the Supreme Court Saturday against the restrictions imposed on communication in Jammu and Kashmir since Sunday night.
“The Petitioner herein has not received any information of his parents and brother since the intervening night of 4th/ 5th August 2019. The Petitioner fears that his parents have been detained in Kashmir as he is unable to reach them by any means or manner,” stated the writ petition filed by Aleem Syed, who hails from Anantnag in Kashmir.
Speaking to ThePrint, Syed said this was his only remaining hope to speak to his family. “I haven’t spoken to my family in six days. How is that acceptable? I am hopeful the court will pay heed to our woes”, Syed who graduated with a BA LLB degree from Jamia Millia Islamia last month told ThePrint.
‘It seems the whole of Kashmir has been detained’
ThePrint has accessed the petition that stated that the “present clampdown is the most draconian in the history of Jammu and Kashmir”.
Syed stated that he “tried to contact Anantnag’s deputy commissioner, additional district divisional commissioner, additional deputy commissioner and district technical director for information about his parents, but after an initial reply from the district informatics officer, this officer too went incommunicado”.
Further, the petition stated there is “an undeclared curfew in Kashmir Valley which seems to be without any legal basis”. He stated “it seems the whole of Kashmir has been detained” and “in absence of any concrete information he is only left with rumors of violence and killing in Kashmir Valley”.
Syed said the blockade was in violation of Article 21, which guarantees rights not only to him, but also his family members and rest of the Kashmir.
Also read: Article 370 has put us in a dilemma: Should we choose Constitution’s letter or its spirit?
Five more Kashmiri students planning to move court
On Thursday, the Supreme Court had refused to accord urgent hearing to pleas filed by several people against government’s security measures in Jammu and Kashmir.
While political activist Tehseen Poonawalla had sought the withdrawal of “curfew/restrictions” in the erstwhile state, advocate M.L. Sharma’s petition challenged the Presidential order abrogating Article 370.
Advocate Anas Tanwir Siddiqui, who is representing Syed, in the Supreme Court, told ThePrint he is hopeful that this petition will be heard on an urgent basis.
“The other petitions did not have a solid or reasonable locus standi, unlike this one, where it is a Kashmiri student who is moving the court”, Siddiqui told ThePrint.
Siddiqui said that five more Kashmiri students in Delhi would soon move the court.
Jammu and Kashmir has been under a massive security crackdown since Sunday night, a day before Union Home Minister Amit Shah addressed Parliament Monday announcing the government’s decision to withdraw the special powers accorded to Jammu and Kashmir under Article 370.
Shah also conveyed the government’s decision to bifurcate the state into two union territories of Jammu and Kashmir, and Ladakh, with and without a legislature, respectively.
In anticipation of widespread violence after the big decisions, there has been a clampdown on communication networks and civilian movements.
Also read: These images show Pakistan is planning something sinister after India’s Article 370 move
Removal of article 370 and 35A is a major decision, opposed by certain stake holders and outsiders like Pakistanis. No one wants to get their privileges removed. It is like once your start giving concessions in railway ticket, it is but natural for people using it feel uncomfortable withdrawing. When I say certain stake holders opposing, it is mostly islamic Kashmiris, not Hindu, Budhists, Sikhs or other Kashmiris. Again, it is easy to say to remove the curbs and restrictions, only to played mischief by miscreants, politicians and separatists. Such immediate removal is very much detrimental to common public, majority of them want normal life which was hither to hindered so far. This is the time to support J&K police, if you think this region should prosper.
Hey William I would really look forward to you having a similar stance when it’s about your own family. Till then have a blast teaching stakeholders how to abide by the law. How easy no ?
Please! You may be a Kashmiri, that too a Muslim and even a lawyer. But please follow the law and file your petition in the appropriate lower court. Supreme Court is not the jagir of Kashmiri Muslims. This is the right time, learn to follow Indian laws. We empathize with your concerns but practice to abide by the law as billions of us do routinely.
In the normal course, since the fundamental rights of eight million citizens are involved, this is an issue the apex court could have taken sumo moto notice of. Whether the Abrogation of Article 370 was constitutionally sound and sustainable is a complex matter. However, the restrictions placed on the lives of the people of an entire state are something where emergent intervention could be considered.