Supreme Court seeks response from Jammu and Kashmir, UT on internet ban review order judgment publication

The Supreme Court today sought response from the Jammu and Kashmir, Union Territory if the review orders in connection with the internet restriction were published in terms of judgement in Anuradha Bhasin case.

A bench comprising Justice BR Gavai and Justice Sanjay Karol observed that those orders are not meant to be put in the cupboard, it has to be published. 

The top court was hearing a miscellaneous application lodged in a petition against frequent internet shut down across the country. The application sought publication of the review committee orders passed by the Jammu and Kashmir administration as per the top court’s 2020 judgment in Anuradha Bhasin case.

Appearing for Jammu and Kashmir, Additional Solicitor General K M Nataraj contended that the instant plea before the court sought publications of deliberations related to such ban imposed during the time of dilution of Article 370 of the Constitution. The court refuted the contention and asked the counsel to publish the orders. 

On this, ASG Nataraj said that he needs to get instruction in the matter. Following, the court mentioned that it may not be necessary to publish the deliberations, but the orders passing the review would be required to be published. The Supreme Court also gave two weeks time to ASG Nataraj to seek instructions. 

NGO Foundation of Media Professionals sought a direction for publication of review orders. Representing the petitioner, Advocate Shadan Farasat said the review orders are something to be passed under the statute and therefore they must be published, and the authorities are saying that the special committee report does not have to be published.

The bench also recorded that Farasat said the apex court in the judgment in Anuradha Bhasin case has held that even the review orders are required to be published and the same are not being done in UT of Jammu and Kashmir. 

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