Page:Anuradha Bhasin vs Union of India and Ors.pdf/12

 *Indicating that the State can impose restrictions, the learned senior counsel focussed on the question of the "least restrictive measure" that can be passed. The learned senior counsel submitted that while imposing restrictions, the rights of individuals need to be balanced against the duty of the State to ensure security. The State must ensure that measures are in place that allows people to continue with their life, such as public transportation for work and schools, to facilitate business, etc.


 * The learned senior counsel emphasized on the term "reasonable", as used in Article 19(2) of the Constitution, and submitted that the restrictions on the freedom of speech should be reasonable as mandated under Article 19 of the Constitution. These restrictions need to be tested on the anvil of the test of proportionality.
 * Learned senior counsel submitted that Section 144, Cr.P.C. orders should be based on some objective material and not merely on conjectures.

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 * Learned senior counsel attempted to highlight that the issue of balancing the measures necessary for ensuring national security or curbing terrorism, with the rights of the citizens, is an endeavour that is not unique, and has been undertaken by Courts in various jurisdictions. Learned senior counsel relied on the judgment of the Supreme Court of Israel concerning the Legality of the General Security Service's Interrogation Methods in Public Committee Against Torture in Israel v. Israel, 38 I.L.M. 1471 (1999) relating to the question of whether torture during interrogation of an alleged terrorist was permissible. In that