Court on Kashmir Issue

A propos to the judgment of the Supreme Court in Anuradha Bhasin v Union of India (2020 Indlaw SC 21), the Court opens the Pandora’s box to the apparent challenges against any arbitrary decision of the government by ignoring the key principles laid down in it. The Court was unable to accept the prayers to quash the government orders leading to the suspension and shutting down of internet and telecommunication services in Kashmir because no such orders were placed before it. However, the Court chose the option of asking the government to constitute a committee to review such orders once in every seven working days, as suspension of such services can be resorted to only for a temporary duration. The Court directed the competent authorities to review all such orders for suspending internet services forthwith.

The Court was conscious that the review committee constituted by the government could recommend suspension of internet services week after week, making the mandatory requirement to apply such restrictions for a temporary period appear hollow.