Karnataka HC Says It May Not Pass Orders On J&K Clampdown As SC Is Considering The Issue [Read Petition]

The Karnataka High Court on Tuesday orally observed that it would not pass any orders on a petition filed by a native of Kashmir studying in Bengaluru, who has challenged the communication clampdown in Jammu and Kashmir, post abrogation of its special status.

The Court said that similar issue is pending before the Supreme Court.

Justice Alok Aradhe while hearing a petition filed by 23-year-old Syed Peerzada Suheel Ahmad directed his advocate Vishwajit Sadananda to place on record the petition filed activist Tehseen Poonawala who has raised a similar issue before the Apex court.

As per the petitioner, he hails from Pulwama and since August 5 an unprecedented and total communication blackout is prevailing in all districts of Kashmir. This opaque, unreasonable decision by the Union government has resulted in the petitioner being separated from his family and loved ones in an illegal and arbitrary manner, stated the petitioner. 

The plea says that communication blockade in Kashmir has deprived the petitioner of his rights to acquire information about the well being of his family. The right to receive information is an integral part of Article 19 (1) (a). The communication blockade in Kashmir does not qualify as a reasonable restrictions under Article 19 (2) of the Constitution of India.The legal basis for this communication blackout is not available in public domain, the petitioner contended.

The plea prays for by way of interim relief directions to authorities to produce all relevant orders, notices, or circulars issued by authorities under which suspension or shut down of communication in Kashmir was ordered.

The court has now posted the matter for further hearing on September 9.

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[Read Petition]