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Kishtwar Court Halts Blanket Protest Ban, Calls It an ‘Imperialistic’ Overreach

A Sessions Court in Kishtwar, Jammu, has put a temporary hold on an order issued by the District Magistrate (DM) that sought to curb public demonstrations demanding free electricity. The court found the sweeping restrictions unjustified and contrary to fundamental rights.

Principal Sessions Judge Manjeet Singh Manhas stated that an all-encompassing ban on public protests reflects an “imperialistic attitude” and undermines essential freedoms. While authorities have the power to impose restrictions in cases of genuine public risk, such actions must be justified with clear reasons, the court emphasized.

The contested order, issued on February 10 under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), came amid growing public unrest over electricity issues. Kishtwar, home to multiple hydroelectric projects generating significant power for the country, has witnessed protests over steep tariffs and frequent outages.

The legal challenge to the DM’s order argued that it was issued without proper justification, potentially stifling legitimate public grievances. The court has stayed the ban until February 18, when further hearings will determine its validity. Meanwhile, the DM’s office has been directed to provide records to support the necessity of the imposed restrictions.

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