Don’t casually curb rights, govt told
The Supreme Court on Friday frowned on the Centre and the Jammu and Kashmir governments for claiming statutory immunity from revealing the reasons for the restrictions imposed in the region, quoting legal philosopher Lone L. Fuller to say “there can be no greater legal monstrosity than a secret statute”.
“A democracy, which is sworn to transparency and accountability, necessarily mandates the production of orders as it is the right of an individual to know. Moreover, (the) fundamental rights (themselves) connote a qualitative requirement wherein the State has to act in a responsible manner to uphold Part III (relating to fundamental rights) of the Constitution and not take away these rights in an implied fashion or in casual and cavalier manner,” the bench of Justices N.V. Ramana, R. Subhash Reddy and B.R. Gavai said in their judgment.
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