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Highway Ban Order Challenged In HC, Govt Asked To File Response

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Srinagar: The Jammu and Kashmir High Court on Monday issued a notice to government, seeking response by tomorrow on a petition against the closure of the highway from Baramulla to Udhampur on Sunday and Wednesday every week for civilian movement.
The petition filed by a lawyer, Mir Shafaqat Nazir seeking directions to quash the state home department April 3 order.
“The respondent No. 2 (Principal Secretary to government), Home Department, Civil Secretariat has issued an arbitrary and capricious order dated 03.04.2019 in terms whereof two dedicated days in a week viz. Wednesday and Sunday have been kept for movement of security forces’ convoys, when there would be no civilian traffic on highway from Baramulla through Srinagar, Qazigund, Jawahar Tunnel, Banihal to Ramban till Udhampur from 4.00 A.M. to 5.00 P.M,” he submits in the petition.
“The order is illegal and unconstitutional having been issued in violation of the rights guaranteed to the petitioner under Article 14, 19 and 21 of the constitution,” he said.
He said under Section 144 CrPC, only an Executive Magistrate can place restrictions on the movement of people in urgent cases of apprehended danger etc.
“(Principal Secretary to government, Home) has no power or authority to pass an order placing restrictions over the movement of people. The impugned order is as such, non est in the eyes of law and deserves to be quashed,” he said.

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