The bench of Chief Justice Ranjan Gogoi, Justices SA Bobde and S Abdul Nazeer allowed the Centre to file a reply to the petition and posted the petitions for hearing on September 16.
Refuting claims of a media blackout in Jammu and Kashmir with the suspension of internet and communication lines for about a month, the Centre presented evidence of at least eight newspapers being published in Srinagar, besides the broadcast of television channels and radio stations.
Laying down concrete proof before the court against claims made by Anuradha Bhasin, editor of Kashmir Times who alleged a total media shutdown in the Valley, Solicitor General Tushar Mehta said, "The petitioner is simply sensationalising the issue. Our report says to the contrary."
He listed English and regional language papers including Greater Kashmir, Rising Kashmir, Daily Aftaab, Kashmir Uzma, Subh-e-Kashmir, Tameel-e-Irshad, Srinagar Times and Nida-e-Kashmir being published from Srinagar. "All local dailies are being published and distributed in Srinagar, Jammu and Ladakh. Why is the petitioner alone not able to publish?" Mehta said.
Mehta added, "We are questioning her [Bhasin's] foundational point that she is unable to bring out her newspaper. I would rather say, she chooses not to publish."
The petitioner, represented by advocate Vrinda Grover, claimed that she felt crippled due to the lockdown as journalists are not allowed to visit hospitals or government offices. "This has a chilling effect on their right to move freely. There are areas in Srinagar which are a no-go zone for journalists. How can they report in such circumstances?" Grover said, mentioning the video of a doctor being whisked away when he chose to speak to the media about the condition of patients in hospitals.
Mehta felt it strange that the petitioner was publishing her paper from Jammu but not Srinagar. He further informed the court that local news channels like JK Channel, Gulistan and FM channels including Radio Kashmir are being broadcast without any interference.
Attorney General KK Venugopal, also representing the Centre, told the court that 80% of landline phones in the Valley (26,000 landlines) had been operational. (Thursday is when all landlines are said to have been made fully functional). In Jammu and Ladakh, all telephone exchanges are operational. "Restrictions are being eased out in a phased manner," the A-G said, stating that in Kashmir hospitals, doctors have performed 4,334 major surgeries and 44,236 minor ones during August.
The bench of Chief Justice Ranjan Gogoi, Justices SA Bobde and S Abdul Nazeer allowed the Centre to file a reply to the petition and posted the petitions for hearing on September 16.
Another similar petition filed by political activist Tehseen Poonawala which complained of general life coming to a standstill in J&K was dismissed by the court on two grounds: one, the issue is being dealt with in Bhasin's petition (Poonawala has been allowed to intervene in it); two, Poonawala had no connection with Kashmir. A lawyer from the state claimed that people are "suffocating" but the court said it would decide that after hearing the Centre's response.
Centre Gives Proof
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| Solicitor General Tushar Mehta listed English and regional language papers including Greater Kashmir, Rising Kashmir, Daily Aftaab, Kashmir Uzma, Subh-e-Kashmir, Srinagar Times and Nida-e-Kashmir that’re being published from Srinagar |
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