AGARTALA, Jan 10 (TIWN): Another tight slap from the Supreme Court of India over continuous suppression of voices and seizing attempts of Freedom-Of-Speech led by the BJP Govt at Centre as Supreme Court reminds Modi Govt about Article 19 and the rights given by the Constitution of India. While pronouncing the historical order on Jammu and Kashmir issue and the ongoing restrictions in internet and public movements, Supreme Court reminds the Govt that it can not repeatedly violate Freedom of Speech."Suspension of free movement, Internet and basic freedoms cannot be an arbitrary exercise of power," said the Supreme Court, asserting that "mere expression of dissent or disagreement against a government decision cannot be reason for Internet suspension." "Suspending internet should be reviewed forthwith. Such suspension can only be for a limited time period and is subject to judicial review," the Supreme Court said.

 It has given relief not only to Jammu and Kashmir people but across the country.

 The order is significant as in Tripura in last 21 months various times internet was shutdown when Govt failed to accept either criticism or to control law and order. Not only this, the Govt here often doesn’t give permission to opposition to hold rallies in the name of “Law and Order”.

All restrictive orders in Jammu and Kashmir over the past five months following the scrapping of Article 370 are to be made public so they can be challenged legally, the court said. As part of the sweeping curbs in movement and communication, several political leaders including three former chief ministers have been in detention in Kashmir since August 5.

"Freedom of speech and expression includes the right to internet within Article 19," said a three-judge bench, asking the government to consider restoring government websites and e-facilities where internet abuse is minimal. A complete ban on internet must be considered by the state only as an extraordinary measure, said the court.

Justice NV Ramanna, who read out the judgement, began by quoting the famous beginning from Charles Dickens' A Tale of Two Cities:  "It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness..."

The test of proportionality needs to be satisfied in such restrictions, he said. "This freedom can only be restricted after relevant factors are considered and only if there are no other options," the judge said.

The court criticized the repeated use of Section 144, a colonial-era rule to ban large gatherings, in the former state that was bifurcated into two union territories as part of the government's decision to scrap Article 370. "It can't be used as a tool to oppress difference of opinion," the judges said.

"Our limited concern is to find a balance regarding security and liberty of people. We only here to ensure citizens are provided their rights. We will not delve into the political intent behind the orders given," said Justice Ramana.

The three-judge bench included Justice R Subhash Reddy and Justice BR Gavai.