Arora : Government's actions created fear. That fear leads to an inert citizen. Democracy cannot afford inert citizens
Arora refers to 4-step Puttaswamy test of proportionality:
1. legal basis of restriction.
2. legitimate aim of restriction.
3 absolute necessity
4. infringement of rights only in proportion to necessity
#Kashmir
Burden of proof is on the state. They must show not only rationality, but also proportionality : Arora
Arora quotes Hitler's theory of race superiority. Questions why voices have been suppressed.
Refers to judgment in Om Kumar, on proportionality and says those considered dangerous could have had restrictions imposed on them. But why lockdown an entire state?
Arora argues freedom of speech. Cites Rangarajan case. 19(2) can restrict freedom only if there's a necessity. People had the right to say if they supported the move or not
#Kashmir
Refer Rangarajan case here :
https://indiankanoon.org/doc/341773/
Arora reiterates previous submission that since it is the magistrate who can pass orders under 144, and it was done on Aug 4, there seems to be some direction from the state, as the abrogation of special status was effected only on the following days
Arora- Criticism of govt policies should not be suppressed. Views, be it good bad or ugly, must be allowed in democracy
J Ramana to SG- you can counter when it's your turn to argue
SG objects. Says this is not a public forum to say such things. She is an intervenor, not Petitioner. These things have not been mentioned in her pleadings. An intervenor must stick to what's in pleadings
J Reddy- orders should have waited till Aug 5 you're saying?
Arora- Officers cannot presume