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ABLE
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C
ONTENTS
Introduction
A
Contentions
B
Issues
C
Production of Orders
D
Fundamental Rights under Part III and restrictionsthereof
E
Internet Shutdown
F
Restrictions under Section 144, Cr.P.C.
G
1
REPORTABLE
Digitally signed byGEETA AHUJADate: 2020.01.1012:44:27 ISTReason:Signature Not Verified
Freedom of the Press
H
Conclusion
IN. V. R
AMANA
, J. A. INTRODUCTION
“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us,we were all going direct to Heaven, we were all going direct the other way- in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.”
-Charles Dickens in A Tale of Two Cities
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1.
Although cherished in our heart as a “Paradise on Earth”, thehistory of this beautiful land is etched with violence andmilitancy. While the mountains of Himalayas spell tranquillity, yet blood is shed every day. In this land of inherent contradictions, these petitions add to the list, wherein two sideshave shown two different pictures which are diametrically opposite and factually irreconcilable. In this context, this Court’s job is compounded by the magnitude of the task before it. It goes without saying that this Court will not delve into the politicalpropriety of the decision taken herein, which is best left for democratic forces to act on. Our limited scope is to strike a balance between the liberty and security concerns so that theright to life is secured and enjoyed in the best possible manner.
2.
Liberty and security have always been at loggerheads. Thequestion before us, simply put, is what do we need more, liberty or security? Although the choice is seemingly challenging, weneed to clear ourselves from the platitude of rhetoric and providea meaningful answer so that every citizen has adequate security and sufficient liberty. The pendulum of preference should not swing in either extreme direction so that one preference
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