Post 9ogKFbS1uTBYWYd0fg by lesharma@mastodon.social
(DIR) More posts by lesharma@mastodon.social
(DIR) Post #9ofvEbZDUn9ljwPvF2 by prasanna_s@mstdn.social
2019-11-06T05:21:59Z
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Advocate Vrinda Grover resumes her submissions challenging J&K telecom restrictions.She begins by citing the orders under which the restrictions are placed.
(DIR) Post #9ofvUnQPAyfR9M13tg by Ajnabiever@mastodon.social
2019-11-06T05:24:08Z
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@prasanna_s Can we see list of followers on this platform if yes how? Thanks.
(DIR) Post #9ofvUoLpjSbY1SsvPU by varkychen@mstdn.social
2019-11-06T05:24:53Z
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@Ajnabiever @prasanna_s Needs to be enabled by that handle, I believe
(DIR) Post #9ofvZ3sBxpl5Jz2yrQ by prasanna_s@mstdn.social
2019-11-06T05:25:33Z
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Cites one of the orders which refers to shutting down on landline services on the apprehension of "data services" ... Bench is in agreement that this appears to have been without application of mind given data services shutdown requires no shut down of landlines.
(DIR) Post #9ofvgF9yOlOQLzmxrE by prasanna_s@mstdn.social
2019-11-06T05:26:56Z
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Cites the next order that subject mentions reduction of speeds to 2G speeds, but instead actually has had a full shutdown of all mobile data services. The specific order seeks restriction only for "snapdown"
(DIR) Post #9ofw4tjbC7nj8yCzWi by prasanna_s@mstdn.social
2019-11-06T05:31:24Z
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(DIR) Post #9ofwBOIaTCeLftfbsG by prasanna_s@mstdn.social
2019-11-06T05:32:38Z
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(DIR) Post #9ofwLhGumdzjPknnU0 by prasanna_s@mstdn.social
2019-11-06T05:34:26Z
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VG now taking through the Telecom Suspension Rules, 2017. Refers to how there was no emergency in this case, the legislative changes were brought by the State and they had enough time to prepare, no occassion to bypass the Rules and have the IG authorise the shutdown as against a competent authority under the Rules.
(DIR) Post #9ofwUDc6QCfg2MmAoS by prasanna_s@mstdn.social
2019-11-06T05:35:59Z
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VG refers to how there is no material to suggest that the IG has been authorised under the Rules to issue orders of shutdown.
(DIR) Post #9ofwxITFRRtpV1V3pY by prasanna_s@mstdn.social
2019-11-06T05:41:13Z
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Refers to Rule 2(1) where IG is not authorised under the Rules.
(DIR) Post #9ofxHdEzvclThzWzBo by prasanna_s@mstdn.social
2019-11-06T05:44:55Z
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Distinguishes these rules from proviso to Rule 419A of the Telegraph Rules which authorise heads of security and law enforcement agencies for "interception" in remote areas in the case of emergency.
(DIR) Post #9ofxOjBgDZYEB7MY6a by prasanna_s@mstdn.social
2019-11-06T05:46:12Z
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She argues the 2017 Rules therefore do not contemplate someone like an IG not to be a competent authority to suspend services and only a person such as a Home Secretary or a JS rank officer in Home Dept.
(DIR) Post #9ofxU3v8YlzbvfAVm4 by prasanna_s@mstdn.social
2019-11-06T05:47:09Z
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She says1. No unavoidable circumstance.2. No authorisation to IG produced.3. IG cannot be a competent authority under the Rules, even if there is a letter of authorisation.
(DIR) Post #9ofyC0Chjub98yL0LI by prasanna_s@mstdn.social
2019-11-06T05:51:50Z
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VG making her next point. Refers to State Govt's ridiculous contention that reasons won't contain reasons in the shutdown orders.
(DIR) Post #9ofyC18qFl6Q3HXQxc by prasanna_s@mstdn.social
2019-11-06T05:55:00Z
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VG reading the next ridiculous line where they say the sufficiency of reasons is not amenable to judicial review.VG refers to the Rule says expressly that the order needs record reasons.
(DIR) Post #9ofyJcoyYlfKwLsEWe by prasanna_s@mstdn.social
2019-11-06T05:56:28Z
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Sr. Adv. Kapil Sibal also in court. He is there to argue for Ghulam Nabi Azad. Bench tells him VG will take some time. He is free to remain but he can consider coming back later. He says it is a pleasure to hear VG argue. Pleasant smiles all round.
(DIR) Post #9ofyWEcxp4hxfYGgN6 by prasanna_s@mstdn.social
2019-11-06T05:58:42Z
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VG next point: Review Committee to review these orders within five days is mandatory under the Rules. No averment in any affidavits that there has been any review of these shutdown orders. So FRs of an entire State has been taken away by a process where orders are overbroad, vague, disproportionate, without reasons issued by an incompetent authority who is a police officer, and no review committee constituted or reviewed.
(DIR) Post #9ofyZ08m8ol9bjT0CG by prasanna_s@mstdn.social
2019-11-06T05:59:17Z
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The Rules have been completely and comprehensively flouted. All orders have to be set aside immediately.
(DIR) Post #9ofzYMhMsyhVEauLFA by prasanna_s@mstdn.social
2019-11-06T06:10:21Z
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VG next referring to Constitutional provision of 19(2) and the categories mentioned there.Points to all shutdown orders referring to "law and order" has no mention in 19(2). Refers to Ram manohar Lohia case where Law and Order is distinct from public order or security of the State.She submits therefore the orders are manifestly in violation of Article 19(2)
(DIR) Post #9ofzoXYWHoaVXbTwCe by prasanna_s@mstdn.social
2019-11-06T06:13:16Z
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"Apprehension of a likely deterioration of law order" cannot be raised to a level affecting "public order"
(DIR) Post #9og0L12aCJj0Fm1s2K by prasanna_s@mstdn.social
2019-11-06T06:19:09Z
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VG refers to KK Saravana Babu v. State of Tamilnadu which quotes Dr. Ram Manohar Lohia's case.
(DIR) Post #9og0qWmsDMBvgthupk by prasanna_s@mstdn.social
2019-11-06T06:24:49Z
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VG buttresses her argument that there was only an apprehension of likelihood of deterioration of law and order referring to the govt's affidavit also reiterating that.She submits the case law is clear on how this does not conform as a valid ground for restriction under 19(2)
(DIR) Post #9og11QKCa8vMpjUYzo by prasanna_s@mstdn.social
2019-11-06T06:26:41Z
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VG reiterates how indian media have been crippled and debilitated because of these restrictions.VG next wants to argue on the role of the media in a democracy and the internet's role in a democracy.
(DIR) Post #9og15LRMgU2YqJiDOi by prasanna_s@mstdn.social
2019-11-06T06:27:33Z
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Internet is a basic necessity today for the freedom of press.Recall that VG is for the main writ petitioner, Anuradha Bhasin, in her capacity as the editor of Kashmir Times.
(DIR) Post #9og1CmtJ1PJC0TKXS4 by prasanna_s@mstdn.social
2019-11-06T06:28:49Z
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VG reads Article 19 of ICCPR and a General Comment on Article 19 by the Human rights Committee
(DIR) Post #9og1QwPYQHCbaSAAyW by prasanna_s@mstdn.social
2019-11-06T06:31:25Z
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Generic Bans which are not content specific are incompatible with Article 19, she cites.
(DIR) Post #9og1bb6bybnwh7Nsie by prasanna_s@mstdn.social
2019-11-06T06:33:18Z
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Cites how even with respect to counter terrorism measures, Article 19(3) of ICCPR have to be adhered to and media must be allowed to operate.
(DIR) Post #9og1qvoPGzJHG3BGsK by prasanna_s@mstdn.social
2019-11-06T06:35:56Z
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VG cites AHMET YILDIRIM v. TURKEY ECHR case para 48 to contend that access to internet is now an insegregable aspect of right to information and right to free expression.
(DIR) Post #9og29gkjUGPC3RPG76 by prasanna_s@mstdn.social
2019-11-06T06:39:27Z
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Next reads Para 68 to support contention that these shutdowns which are arbitrary interference with the right to free expression.
(DIR) Post #9og2bEfTV13z3k5B32 by prasanna_s@mstdn.social
2019-11-06T06:44:14Z
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Justice Reddy asks VG what is the circulation of the paper. She replies it is a reputed paper being published since 1950s and circilation is mentioned in the WP at Page 4.He presses if these are certified numbers. There is a discussion on TRPs etc. Justice Ramana refers to TV debates and chasing TRPs.Kapil Sibal joins in and says 'Because the Nation Wants to know' .. Laughter all round.Justice Ramana wants to know why KS is not seen in TV debates these days.
(DIR) Post #9og2fWgOSjqo5cYfPU by prasanna_s@mstdn.social
2019-11-06T06:44:48Z
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KS replies that that is because he doesn't want to go uninformed. Laughter all round
(DIR) Post #9og30VmP10glN0NKts by prasanna_s@mstdn.social
2019-11-06T06:49:01Z
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VG then refers to all insinuations against the Petitioner by the State including the motives behind filing the Petition. VG refers to Govt stating that the Petitioner is not publishing on our own repeatedly in different affidavits despite the Petitioner stating so in rejoinder that she had been publishing a truncated version. She also produces the papers. VG says these statements questioning motives of an ordinary citizen in filing an Article 32 petition is itself a chilling effect
(DIR) Post #9og3DYQOUamHL1IgPg by prasanna_s@mstdn.social
2019-11-06T06:51:22Z
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VG rounds up her submissions by stating this this a collective punishment when order after order refers to antinational elements etc. and submissions here about terrorism but restrictions placed on the entire state!
(DIR) Post #9og3Z67SPbSRvAiQNc by prasanna_s@mstdn.social
2019-11-06T06:55:08Z
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Kapil Sibal starts his submissions. Refers to Article 352 and there is no ground on which there could be an emergency in this caseNext says there is no concept of abrogation of a right under the Constitution. Only restrictions.
(DIR) Post #9og44pPu2xyBNzTQie by prasanna_s@mstdn.social
2019-11-06T07:01:02Z
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In the history of India, seven million lives have never been paralysed in one stroke..This is never contemplated under this Constitution. Which is why this kind of matter has never come before this court.It is today, Kashmir. Tomorrow it could be Nagaland.State has to be citizen's benefactor. All restrictions on rights have to be for citizens' benefits. Cannot be abrogative of the rights.
(DIR) Post #9og4HqqO3HexZp4TXU by dhananjaya_sud@mstdn.social
2019-11-06T07:03:08Z
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@prasanna_s
(DIR) Post #9og4JbJWlN8nzTXGxE by dhananjaya_sud@mstdn.social
2019-11-06T07:03:45Z
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@prasanna_s
(DIR) Post #9og4PVZp0Te5vzySAK by lesharma@mastodon.social
2019-11-06T06:54:46Z
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@prasanna_s OMG this thread is brilliant.!!! 🙌🙌👏👏
(DIR) Post #9og4QoeDaSI7N5eblQ by prasanna_s@mstdn.social
2019-11-06T07:04:55Z
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KS smoothly moves to how Article 19 is not only a freedom to disseminate information. But also a right to receive information. Even for citizens outside K. Person sitting in Delhi has a right to know what is happening in J&K.So this abrogation of right not only on persons in Kashmir but also people outside.
(DIR) Post #9og4hE152BrWgVAj5s by dhananjaya_sud@mstdn.social
2019-11-06T07:07:57Z
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@prasanna_s KS argues if you want to Restrict my Right first you need to protect my right. .. RESTRICT MY RIGHT IN ORDER TO PROTECT MY RIGHT..!!
(DIR) Post #9og4lIqB2YT8nx15iy by AdvManoj@mstdn.social
2019-11-06T07:08:44Z
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@prasanna_s One of the reasons for being on Twitter was - these threads from Prasanna & also Gautam. If i get it here & when even @Memeghnad is here- what else a poor lawyer could ask for ??
(DIR) Post #9og52xobwyqWoBhno8 by varkychen@mstdn.social
2019-11-06T07:11:54Z
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@AdvManoj @prasanna_s @Memeghnad We'd miss out on some great journalists though😩
(DIR) Post #9og5ER5XSDqmma5rP6 by raja_sw@mastodon.social
2019-11-06T07:11:31Z
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@AdvManoj Is Gautam here? Couldn't find him.
(DIR) Post #9og5ERb5Yv5UMQr3a4 by AdvManoj@mstdn.social
2019-11-06T07:13:50Z
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@raja_sw Nahi hoga toh ... aa jayega :)
(DIR) Post #9og5NeXGpKJN5wSZP6 by dhananjaya_sud@mstdn.social
2019-11-06T07:15:34Z
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@prasanna_s Justice Ramanna states not all the seven million people are terrorists .. it has to be categorised .. Restriction and Prohibition are different aspects ..
(DIR) Post #9og6ZmecZH3PhfFKwi by prasanna_s@mstdn.social
2019-11-06T07:28:58Z
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Some commotion as some lawyer in the crowd shouts that KS is misrepresenting acts of terrorists and truck drivers as acts of State.Bench reprimands it.Bench rises for the day.
(DIR) Post #9og6h6xRThrshVXmJU by prasanna_s@mstdn.social
2019-11-06T07:30:17Z
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Some commotion as some lawyer in the crowd shouts that KS is misrepresenting acts of terrorists and truck drivers as acts of State.Bench reprimands him. KS says all the arguments are only on law and no politics should come in. The Bench vehemently agrees.Bench rises for the day.
(DIR) Post #9og8JcMNH3A93E8Akq by naukarshah@mstdn.social
2019-11-06T07:48:28Z
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@lesharma @prasanna_s It took 3 months for SC to hear a fundamental rights case
(DIR) Post #9ogFFmL6vZ00WUekVc by lesharma@mastodon.social
2019-11-06T08:50:30Z
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@varkychen @AdvManoj @prasanna_s @Memeghnad umm sorry what? Does that breed exist in India? Apart from a small universe? Rest are anchors.
(DIR) Post #9ogFFmpb6DNy32v61o by varkychen@mstdn.social
2019-11-06T09:06:12Z
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@lesharma @AdvManoj @prasanna_s @Memeghnad Their lights may have dimmed and many may have lost their way in the darkness. But those lights that remain are our beacons of hope...
(DIR) Post #9ogKFbS1uTBYWYd0fg by lesharma@mastodon.social
2019-11-06T09:48:54Z
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@varkychen @AdvManoj @prasanna_s @Memeghnad it's always darkest before dawn...🤞
(DIR) Post #9oglpS3h0QbCa5YyFk by SilkyNsa@mstdn.social
2019-11-06T15:11:20Z
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@prasanna_s Aren't v all here for same n how long v last here ..none knows
(DIR) Post #9p3dGIZAQuioMIw2KG by benshpymli@mstdn.social
2019-11-17T15:53:42Z
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@prasanna_s fear mongering. Nice.