Some people are bound to suffer in situation like Jammu and Kashmir: SC

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Some people are bound to suffer in situation like Jammu and Kashmir: SC
Some people are bound to suffer in situation like Jammu and Kashmir: SC

New Delhi : Responding to Congress leader Ghulam Nabi Azad's petition alleging inconvenience during the restrictions imposed in Jammu and Kashmir ahead of the government's decision to scrap Article 370 of the Indian constitution, Supreme Court on Thursday said some people are bound to suffer in a situation like this.

Appearing for Azad, advocate Kapil Sibal told the SC bench comprising justice NV Ramana, R Subhash Reddy and BR Gavai that the government failed completely in maintaining the fundamental rights of the citizens of Jammu and Kashmir while imposing their decision.

He claimed that the government does have the power to put restrictions on the citizens but they must ensure that the citizens do not get compromised on their fundamental rights to travel, communicate, reach hospitals and profession.

"They believed that there could be a negative reaction over their decision, so to suppress it a restriction was imposed. But, they forgot that while doing so the whole state had to suffer and with power comes the duty. This kind of act could possibly destroy functional democracy," Kapil Sibal told the Supreme Court.

While Kapil Sibal argued putting forward the plight of several Kashmiris during the restriction days, the court said, "In a situation like this, some people are bound to face difficulties. In a curfew like situation, some citizens are bound to suffer."

Responding to this, Kapil Sibal cross fired that plight for some days is understandable but a clampdown for over two months is not justified. 

Meanwhile, Centre's counsel raised a strong objection to Sibal's statement – "When I leave the territory of India and enter the territory of Jammu and Kashmir", emphasizing that Jammu and Kashmir is an integral part of India.

Sibal also brought forward the loss of apple traders and the overall loss of Rs 10,000 crores to the state during the clampdown.