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| HC to seek Govt’s response | | Three petitions filed against traffic restrictions on highway | | Early Times Report
Srinagar, Apr 8: The State High Court today issued notice to government on three petitions, challenging as arbitrary the ban on the movement of civilian traffic for two days-Sunday and Wednesday-every week on Srinagar-Jammu highway.
A division Chief Justice Geeta Mital and Justice Tashi Rabastan issued the notice which was accepted by senior additional advocate general to the government B A Dar. The court directed the government to come with stand on Tuesday when it will again here the pleas filed by a lawyer, Mir Shafaqat Nazir, Shah Faesal, the former IAS officer who floated a political party earlier this year and one Raja Faisal Zahoor of Anantnag.
In all three petitions, the directions have been sought to quash the J&K Home Department's April 3 order.
"The impugned order is unconstitutional, unreasonable and smacks of absolute arbitrariness. The order particularly falls foul of and is in derogation of Article 14, 19 and 21 of constitution of India in that it not only imposes unreasonable restriction of freedom of movement guaranteed by Article 19 but also impinges freedom of trade in an arbitrary and unreasonable manner," says Shah Faesal in his plea. He said the order violates fundamental right of freedom of movement as guaranteed by Article 19 of Constitution of India.
Article 19 of the Constitution guarantees to all Citizens of India the right "to move freely throughout the territory of India.
"The order is illegal and unconstitutional having been issued in violation of the rights guaranteed to the petitioner under Article 14, 19 and 21 of the constitution," he said.
Shafaqat said under Section 144 CrPC, only an executive magistrate can place restrictions on the movement of people in urgent cases of apprehended danger etc.
"(Principal Secretary to government, Home) has no power or authority to pass an order placing restrictions over the movement of people. The impugned order as such, deserves to be quashed," he said. Raja Faisal Zahoor says similar order came to be passed by the Fascist Nazi Regime prohibiting a particular class of citizens under the regime from entering or usage of pathways, streets and public squares. |
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