Net Access Fundamental Right: SC Court Says Sec 144 Can’T Be Used to Suppress Voices, Asks Govt to Review J&K Curb Orders
Total Page：16
File Type：pdf, Size：1020Kb
Follow us on: facebook.com/dailypioneer RNI No. 53466/91, REGD. No. DL (C)-05/1219/2018-20 Posted at DRMS Delhi 6 @TheDailyPioneer instagram.com/dailypioneer/ Established 1864 OPINION 8 MONEY 10 SPORT 16 Published From CAUGHT IN THE AUTO SALES 20-YEAR-LOW, SERBIA, SPAIN ENTER DELHI LUCKNOW BHOPAL BHUBANESWAR RANCHI RAIPUR CHANDIGARH CROSSFIRE DECLINE BY OVER 13% ATP CUP SEMIS DEHRADUN HYDERABAD VIJAYWADA *Late City Vol. 30 Issue 10 NEW DELHI, SATURDAY JANUARY 11, 2020; PAGES 16 `3 *Air Surcharge Extra if Applicable TABU IS AN AMAZING ACTOR:} SAIF} 13 VIVACITY www.dailypioneer.com Net access fundamental right: SC Court says Sec 144 can’t be used to suppress voices, asks Govt to review J&K curb orders PNS n NEW DELHI LANDMARKJUDGMENT he Supreme Court on TThursday directed the o We declare that the freedom of speech and expression and the authorities to review the curb freedom to practice any profession to carry on any trade, on the use of internet in Jammu business or occupation over the medium of internet enjoys & Kashmir and ruled that constitutional protection under Article 19(1)(a) and Article power under Section 144, 19(1)(g), said the apex court which prohibits assembly of o Any order suspending internet, issued under the Suspension four or more people, cannot be Rules, must adhere to the principle of proportionality and must used to suppress legitimate not extend beyond necessary duration, the SC said expression of opinion or griev- o The SC order will have implications on the growing tendency of ances or exercise of any demo- the authorities in several States to suspend internet services at cratic rights. the drop of a hat and keep Section 144 permanently in place The court said that freedom of speech and con- ducting business on the Opp latches onto SC internet are protected under DCP (Crime) Joy Tirkey releases photographs of suspects in the JNU violence as Delhi Police PRO MS Randhawa (R) looks the Constitution as funda- on during a Press conference in New Delhi on Friday Ranjan Dimri | Pioneer mental rights. The court directed the order, refutes claim authorities in the Union Territory to immediately longest internet ban anywhere under Article 19(1)(a) and Cops name Aishe Ghosh, review all orders suspending in the world. The internet Article 19(1)(g),” a 3-judge of normalcy in J&K internet services and said that shutdown was imposed on Bench, headed by Justice NV orders not in accordance with August 4 last year, a day before Ramana, said in its 130-page PNS n NEW DELHI uation in the Union Territory. the law must be revoked. the Centre abrogated the erst- verdict. “The restriction upon “The SC order is a rebuff to The SC order will have while State’s special status such fundamental rights should he Supreme Court order on the unconstitutional and arro- 8 others for JNU violence implications on the growing and bifurcated it into two be in consonance with the Tthe restoration of internet gant stance of the Central tendency of the authorities in Union Territories. mandate under Article 19 (2) and removal of curbs under Government and the J&K STAFF REPORTER n NEW DELHI several States to suspend inter- The court said its limited and (6) of the Constitution, Section 144 in J&K has administration on the restric- Police release photos, 7 from Left net services at the drop of a hat scope is to strike a balance inclusive of the test of propor- prompted the Opposition to tions imposed in J&K,” former he Delhi Police on Friday and keep Section 144 perma- between the liberty and secu- tionality,” it said. question the Centre’s claim of Home Minister P Treleased photos of nine unions, two from ABVP; JNUSU nently in place even during the rity concerns so that the right The court cited provision normalcy in the UT. They Chidambaram said. He students, including former stu- peace time. to life is secured and enjoyed in of the Temporary Suspension hailed the judgment as a “rebuff demanded that the entire team dents, involved in attack on The judgment came on the best possible manner. of Telecom Services (Public to the unconstitutional and in J&K that designed and exe- JNU students and teachers last president says police charge false pleas filed by Anuradha Bhasin, Ruling that internet ser- Emergency or Public Service) arrogant” regime. cuted “the plan” be changed Sunday and vandalism at the investigation progresses, we register for the winter semes- Executive Editor of Kashmir vices cannot be suspended Rules, 2017 to underline the While the Congress said and a new set of administrators university’s server room. may come out with more facts,” ter from January 1 to 5, Times and Congress leader “indefinitely”, the court direct- fact that such suspension the SC has given a big jolt to the who respect the Constitution JNU Students’ Union he said. but the Left-leaning students’ Ghulam Nabi Azad which chal- ed the J&K authorities to “con- can be utilised only for tem- Modi Government’s “illegal be appointed. (JNUSU) president Aishe “Ghosh and eight others bodies were not allowing them lenged the curbs imposed on sider forthwith” allowing porary duration. activities” by ruling that access “The former Governor of Ghosh, whose blood-soaked were involved in an attack at to do so. “On January 3, around Jammu & Kashmir after the Government websites, “Any order suspending to the internet is a fundamen- J&K, Satpal Malik, should own picture had evoked empathy, the Periyar hostel on January 1 pm, members belonging to Centre’s abrogation of provi- localised/limited e-banking as internet issued under the tal right and that dissent can- responsibility and resign from are among the nine names, of 5,” said the DCP and admitted the four Left-wing student sions of Article 370 on August also hospitals and other essen- Suspension Rules, must not be oppressed by imposition his present post of Governor, which seven accused belong to that lack of CCTV footage bodies barged into the server 5 last year. These pleas were dif- tial services in areas where the adhere to the principle of pro- of prohibitory orders, Left par- Goa,” Chidambaram said in a Left students’ unions, while the is a major hurdle in the inves- room, tempered with the serv- ferent from another set of peti- services are not likely to be portionality and must not ties said the judgment belie the tweet. Senior lawyer and remaining two are from ABVP. tigation. er and shut it down. They also tions which have challenged restored immediately. extend beyond necessary dura- claims of normalcy that the Congress Rajya Sabha member Those identified are Dolan “The CCTV footage could pushed the staff of the sever the constitutional validity of “We declare that the free- tion,” it said. Central Government has Kapil Sibal termed as “path- Samanta, Priya Ranjan, Sucheta not be fetched as the Wi-Fi room outside. Around three to abrogation of Article 370, dom of speech and expression Existing Suspension Rules been peddling in the country breaking” the observation of Talukdar, Aishe Ghosh, based system and the cameras four hours later, the staff of the being heard by a separate 5- and the freedom to practice any neither provide for a periodic and the world. the SC that Section 144 cannot Bhaskar Vijay Mech, were all disabled. There is no university restored the server. judge Constitution Bench, profession to carry on any review nor a time limitation for The National Conference be used indefinitely to suppress Chunchun Kumar ( all alum- primary evidence where some Thereafter, police registered a which will resume its hearing trade, business or occupation an order issued under the too expressed hope that the freedom of speech and expres- ni), and Pankaj Mishra from student or teachers can show us complaint for assault, on January 21. over the medium of internet Suspension Rules, it added. restoration of mobile internet sion and difference of opinion. the Left. The remaining two are some proof like an originally damaging public property and This is considered to be the enjoys constitutional protection Continued on Page 4 services will help ease the sit- Continued on Page 4 Vikas Patel and Yogendra recorded video on their phone. criminal intimidation,” said Bharadwaj, both from the RSS- We have taken the help of viral the DCP. affiliated ABVP. However, no videos and photographs to An FIR naming Aishe and SC finds fault with arrest or detention has been identify them and sought their other has already been filed by made so far. information from the JNU the JNU administration. NCLAT, stays order Aishe Ghosh said she has databases,” Tirkey said. However, she has not been not done anything wrong and “Since the specific hostel named as an accused yet, the that restored Mistry the allegation is being levelled rooms were targeted, it indi- DCP said. to create a narrative. Reacting cates that there was an insider’s “On January 4, some mis- as Tata Sons chief to the police’s claim, the JNUSU hand in it. JNU is so vast that creants again entered the serv- alleged the “whole point outsiders cannot figure out er room from its rear side and PTI n NEW DELHI of this exercise is to save hostel room at the spur of the vandalised the room badly, the ABVP”. moment,” said Tirkey. following which another FIR n relief to Tatas, the Supreme The JNUSU accused the Narrating the sequence of was registered in that matter,” ICourt on Friday stayed in Delhi Police of speaking the incident, the DCP said a major- said the DCP.