New Delhi: The Supreme Court on Monday directed the J&K government to take all the steps to ensure that normal life was restored in the state, which continues to be under a lockdown, and to ensure that people have access to healthcare, educational institutions, communications and public transport.
Issuing the direction for restoring normality in J&K, that has been under lockdown for the past 43 days, ever since August 5, a bench of Chief Justice Ranjan Gogoi and Justices S.A. Bobde and S. Abdul Nazeer, however, said this should keep in view the “national interest and internal security”.
The Chief Justice also described as “very serious” a submission by senior counsel Huzefa Ahmadi that people were finding it very difficult to approach the J&K High Court, and he sought a report from the Chief Justice of the High Court.
“If you are saying so, we are bound to take serious note of it. Tell us why it is very difficult for people to approach the High Court. Is anybody stopping people from going to the High Court. It is very, very serious,” CJI Gogoi said. He added that if need be, he would himself go to the High Court.
However, CJI Gogoi told Ms Ahmadi, who appeared for child rights activist Enakshi Ganguly, that if the allegations turned out to be incorrect, she should be ready to face the consequences.
The Supreme Court said in its order on Monday: “The state of Jammu & Kashmir, keeping in mind the national interest and internal security, shall make all endeavour to ensure that normal life is restored in Kashmir; people have access to healthcare facilities and schools, colleges and educational institutions and public transport functions and operates normally.”
The court added: “All forms of communications, subject to the overriding consideration of national security, shall be normalised, if required on a selective basis, particularly for healthcare facilities.”
As the bench headed by CJI Gogoi passed the order, solicitor-general Tushar Mehta urged the bench that it should not pass any such order as it may be used across the border. Directing the next hearing on September 30, the top court told the Centre and J&K to file their affidavits, that would also indicate their responses to all applications filed before the court.
