Kashmir Lockdown: It’s Like An Emergency Without Declaration Of It, Says Aspi Chinoy
Concertina wire forms a barrier on a street as a member of the security forces stands guard in front of a shuttered store in Srinagar, Jammu and Kashmir. (Photographer: Anindito Mukherjee/Bloomberg)

Kashmir Lockdown: It’s Like An Emergency Without Declaration Of It, Says Aspi Chinoy

The current situation in Kashmir is “like an emergency without a declaration of an emergency”, according to Senior Advocate and Constitutional Lawyer Aspi Chinoy.

“All political leaders seem to have been put under executive detention under orders passed by the Executive Magistrate,” he said at an event organised by the Press Club in Mumbai on Thursday. There has not been a single instance where the government has filed an affidavit stating the grounds of their arrest or detention, he said.

On Aug. 5, the Narendra Modi-led government had revoked Article 370 of the Indian Constitution which granted special status to Jammu & Kashmir. A bill was also passed, splitting the state into two union territories—Jammu & Kashmir and Ladakh.

Restrictions On Freedom Of Speech And Political Parties In Kashmir

According to Chinoy, political parties in the state were the only bridge with India. Calling the silence maintained by the government as “stoic”, he questioned the grounds on which political leaders in Kashmir have been detained. “Information clampdowns lead to a greater danger as it leads to rumours. Restrictions on freedom of speech can be imposed only on few grounds,” he said.

Supreme Court’s Record Is Perplexing

Comparing Supreme Court’s current state with the role played by the top court during the emergency in 1975, he said that “Supreme Court’s role is more perplexing”. “No one goes to the Supreme Court for getting pious declarations.”

The grounds on which numerous people have been arrested in Kashmir and “political activity has been banned are questionable”, he said.

Supreme Court’s current record is more perplexing. The situation is a deja vu to the ADM Jabalpur Case
Aspi Chinoy, Senior Advocate, Bombay High Court 

Watch the video here:

BQ Install

Bloomberg Quint

Add BloombergQuint App to Home screen.