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Page6.Qxd (Page 1) THURSDAY, JANUARY 30, 2020 DAILY EXCELSIOR, JAMMU daily Excelsior Established 1965 Freedom of speech, expression and trade through internet is protected Founder Editor S.D. Rohmetra Ashok Bhan that those affected by an execu- away with and is unlikely to or banning of the internet is a pension Rules, and is not a spe- authorities face the risk of being tive or administrative order have resurface. “drastic measure” that cannot be cific direction to the administra- in contempt of the present SC reedom of speech and the right to access the said order. This is a huge victory for usually resorted to by the state. tion in J&K. In the context of the judgment: A decision which J&K poised for expression, as well as the As has been rightly pointed out those struggling against the This case was also the first present nationwide curbs and might not play out very well, Fright to trade over the by others, the state has often abridgment of civil liberties: opportunity for the SC to political climate, the holding of either legally or politically, both internet, has constitutional pro- relied on unpublished and inac- State authorities can no longer expound on the procedure under the Supreme Court on fundamen- in India and internationally. tection under Article 19 (1) of the cessible orders and materials to rely on the cover of secrecy to the Internet Suspension Rules. tal rights, both on substantive and In response to Supreme Court peace, development Constitution,Supreme Court justify its actions, including in pass arbitrary orders. While the Court did not go into procedural questions, not only ruling the central government is declared first time and has made the present Kashmir case. The SC’s declaration that the the question of their constitution- sets the stage for challenges in the restoring broadband connections f the manner and the enthusiasm with which a positive assertion. The orders passed by the state freedom of speech and expres- ality, it did make the procedure high courts, but also raises the to government installations and Republic Day celebrations took place in The judgment of the Supreme (except for a certain “sample” sion, as well as the right to trade under the Rules more robust. The threshold for when the state can providers of essential services, Court on January 10 by a three- Jammu and Kashmir this year , who would order) were not even placed on over the internet, has constitu- SC also filled by requiring a peri- impose such restrictions. The rul- hospitals, banks and the tourism I judge bench, pertaining to the record. However, the SC, by both tional protection under Article 19 odic weekly review of orders ing also sets the stage for the sector in Jammu and Kashmir. doubt that a new dawn of peace , hope, communication and internet requiring the state to proactively (1) is the first time that the Court passed under the Suspension relief granted to the people in However, the step falls far short progress and development was not on the shutdowns in Kashmir, has place orders before a court in writ has made a positive assertion Rules. This review is not ordi- Kashmir. of the complete withdrawal of received massive media cover- regarding the same. The Court anvil. The taste of pudding, it is said, is in its proceedings, as well as requiring nary, or superficial, but appears The SC has effectively ruled curbs on public communications age. It appears that there is some the publication of orders under has therefore made any curbs on to require proper analysis by the that the Kashmir internet orders which the court had sought. ISPs eating and that was seen in Bakshi Stadium misunderstanding related to the Internet Rules — as well as the internet subject to the strin- Review Committee, as the same be revoked, seeing as it is unlike- are required to block social Srinagar on this Republic Day as compared to some of its conclusions with those passed under Section 144, gent requirements of restrictions has been given the responsibility ly that the orders passed by the media sites and technology by respect to internet restrictions, CrPC — has taken away this under Article 19 (2). under Rule 2(5) to verify that the state authorities could have been which such a restriction can be previous years . There were no boycott calls which has resulted in massive mechanism of the state to thwart This brings in the proportion- orders passed are in compliance in compliance with the ruling. If bypassed, before providing from militants and militant organisations, there mischaracterisation of the judg- or abridge rights. The entire pre- ality analysis, which the Court with the requirements of the they do not revoke the orders, access to institutions and essen- interprets to include the require- ment itself. liminary struggle faced by the Telegraph Act they would have to publish them, tial service providers. was no call for any Hartal , there was no fear At the most fundamental lev- ment of allowing only the least petitioners in the present case, to It must be understood that and prove that the orders were in (The author is a Senior Advocate restrictive measure. With respect lurking or apparent, which could keep partici- el, the judgment upholds the this is a general requirement for have access to the orders they to the internet, the Court speci- compliance with the law laid Supreme Court of India) requirement of natural justice any order passed under the Sus- pants from actively contributing their bit of pres- were challenging, has been done fies that the blanket suspension down by the SC. Otherwise, the [email protected] entation and of involvement in the celebra- tions. Yes, it could happen not entirely because Dr.Etee Bahadur ing prayers (namaz) , fasting , Islamic laws and tenets of faith of the incidents of militancy having come down ission Kashmir is an etc." (2009,238) unexpectedly drastically towards which the action packed movie, As the biography moves on it was a hit at the box Mission ''Kashmir" Lieutenant Governor referred to in his first M we read, that Araqi in the first vis- office in 2000, although the crit- mir was a faraway place from panies the sultan for shooting cle of friends widen. first part of this mission is to it to the Valley , had found that Republic Day message to the people of Jammu ics bring forth the view that their Khurasan and Araqi had brought ducks (Siberian ducks who He is now, not the same destroy temples. The temple at the womenfolk had retained and and Kashmir, but because of the perceptible was a lack of conviction in the with him a few gifts, to the Kash- migrate to the lakes in the Valley Araqi, who is seen to go in a Koh-i-maran( Hari Parbat tem- held on to their cultural ties tena- storyline. Vidhu Vinod Chopra, mir royal court , one of which was during winters, 2009, 83). Music trance at the Wular. ple) is one among the many tem- ciously. The vestiges of the pre- change in the mind-set of the people. the Director probably wished to a fur-coat studded with twelve and dance, we know, are a part of By his second visit, Araqi ples destroyed and the book in an islamic faith, as Mir Sayyid Ali In Jammu , it was as usual celebrated with tell more about Kashmir, its soci- gold buttons. Six months went the Sufi tradition. Soon as the sto- begins to receive stronger sup- entire part refers to it under the Hamadani had found in the coun- ety and the various issues of the fervour and patriotic zeal , even in all district into the making of this fur-coat ries of Araqi's ecstatic dance port from the ruling clan and this heading, Arakismssion of try were still there. Now on his valley, but unfortunately these by the goldsmith who was known destroying idols and temples of second visit, he moves in a headquarters. Hardly any institution , any local- things did not come out in the for his art of gold work and the As the biography moves on we read, infidels. (2009, 209-276) Further planned manner. His men spread ity , any social gathering would have been left movie. (Screen, 3 November buttons of gold attested to his with the strong support that Araqi across the country and infact , as 2001) out where the flag was not unfurled amid chant- skill. that Araqi in the first visit to the receives from the ruling clan, we we read, "reached each and every This article today is about This obviously meant that take note of the fact that by his house. When they came to a ing of patriotic slogans and distribution of another mission in Kashmir, it is preparations were on for more Valley , had found that the second visit, " everyday groups homestead , they would get hold sweets and exchanging greetings. about the mission of a Muslim than six months at Herat for the of infidels numbering five hun- of a cow belonging to the house- missionary in mediaeval Kash- departure of Araki to Kashmir for womenfolk had retained and held dred to two thousand or even keeper, kill it and sit down and While the youth of the Union Territory had mir. The book,A Muslim Mis- his 'mission.' more came to the residence of eat beef in the company of the sionary in Mediaeval Kashmir greater expectations from the Government to Araki reaches Kashmir along on to their cultural ties tenaciously. Shmasu'd-Din bringing with womenfolk and family members (being the English translation of with a Mir Dervish who gives them the ceremonial thread ( zun- .
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