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Wednesday, Aug 06, 2008
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Court restores ban on provocative SMS in J&K

Legal Correspondent

New Delhi: The Supreme Court on Tuesday restored the ban imposed by the Jammu and Kashmir government on spreading provocative SMS (short messaging service) through mobile phones to curb violence in the State.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice J.M. Panchal stayed an order passed by the J & K High Court on August 4 lifting the ban. State Advocate General Altaf Naik made an urgent mention before the Bench seeking stay of the High Court order as the ban was essential since the violators were aggravating the violence.

He also questioned the direction of the High Court asking the district administration to treat press identity cards issued to media persons as curfew passes to enable them to perform their professional duties.

In the special leave petition, the State government contended that the High Court failed to appreciate that it had become absolutely necessary to curb violence, which allegedly was also being perpetuated through SMS.

It said that the curbs imposed on the two TV channels in Jammu, by the District Magistrate on August 3, was withdrawn the same evening.

The SLP said the petition filed by the Bar Association of Jammu was heard at the residence of one of the judges and an interim order was passed lifting the ban. The association had contended that the restrictions imposed on sending SMS and not honouring the curfew passes issued to media was violation of fundamental rights of citizens. The SLP said the ban on SMS was imposed as it was being used to whip up communal tension through rumours. It sought quashing of the impugned order and an interim stay of the contentious directions.

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