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Amid Criticism, J&K Police Defends UAPA Charge Against Students Held for 'Pro-Pak' Slogans

The Wire Staff
Nov 29, 2023
In a statement, a police spokesperson termed the incident as “terrorising” and “abnormal”, while asserting that such acts have been done in the past “mostly on the back of separatist and terrorist networks” to project that "everyone hates India” in Kashmir.

New Delhi: The Jammu and Kashmir Police have defended the anti-terror FIR filed against seven Kashmiri youth who were arrested for allegedly raising pro-Pakistan slogans at a government-run university in the aftermath of India’s defeat at the cricket world cup final.

In a statement, a police spokesperson termed the incident as “terrorising” and “abnormal”, while asserting that such acts have been done in the past “mostly on the back of separatist and terrorist networks” to project that “everyone hates India” in Kashmir.

“The aim is not airing personal preference of a particular sporting team. It is not about dissent or freedom of expression. It is about terrorising others who may be nourishing pro India feelings or anti Pakistan feelings or disagreeing,” the statement on Tuesday, November 28, said.

“It is also about normalising an abnormal: that everyone hates India (as different from the government of the day and party in power) ‘openly’,” the statement added.

According to police, celebratory and uproarious scenes were reported inside the boys hostel of the Sher-e-Kashmir University of Agriculture Science and Technology (SKUAST) in central Kashmir’s Ganderbal district after India’s loss to Australia on November 19.

As the celebrations continued, the hostel complex suffered a power cut and pro-Pakistan slogans were allegedly shouted by some Kashmiri students that created a sense of fear among the non-local students, according to officials and sources.

This had prompted Sachin Bains, one of the students at SKUAST from Punjab, to complain to the police.

The police spokesperson sought to mix up “written complaints” with “evidence” of students’ involvement, claiming that the Kashmiri students raised the slogans to “intimidate those who disagreed and also to identify and vilify those who choose to keep a distance”.

The police statement interchangeably used ‘complaint’ and ‘complaints’ in its statement, even though only one complaint has become the basis of the FIR.

In connection with the incident, the police have filed a case under Section 13 (advocating, abetting or inciting any unlawful activity) of Unlawful Activities Prevention Act, 1967 (UAPA) and Sections 505 (inciting communal violence) and 506 (criminal intimidation).

Defending the use of the anti-terror law, the police spokesperson said that Section 13 was a “softer provision” of the UAPA and the FIR was “lodged on the basis of written complaint received and relevant sections are invoked as per the contents of the complaint”.

“Hence as per the content of the complaints, FIR No. 317/2023 stands registered and section 13 UAPA invoked for inciting and abetting the unlawful activities. Section 505 and 506 IPC too has been invoked for ‘public mischief’ and ‘criminal intimidation’ respectively.”

Meanwhile, a special National Investigation Agency court is set to hear the bail application of the students, three among whom are orphans, on Wednesday, November 29. Advocate Shafeeq Bhat, one of the counsels, said that the students have also apologised in writing to the police as well as the vice-chancellor of SKUAST.

The arrest of the seven students named in the FIR has triggered outrage in Kashmir with their families and some Valley-based political leaders calling for dropping the charges and their immediate release.

National Conference leader and former J&K chief minister Omar Abdullah reportedly criticised the police, saying that it contradicts the assurance of Prime Minister Narendra Modi that it was time to end ‘Dilli ki duri’ as well as ‘Dil ki duri’ with the people of Jammu and Kashmir.

“I don’t agree with what these students did. But having said that I also do not agree with the way police have handled this case. This will not decrease ‘dil ki duri’ as envisaged by the prime minister,” Omar said.

Senior CPI(M) leader M.Y. Tarigami denounced the arrest of the students under UAPA during a protest at Maharaja Hari Singh Park in Jammu city on Tuesday against the BJP-led Union government and J&K administration.

“Are they terrorists? We are a democratic country. If the government has an objection, there are other laws. But why slap UAPA. It is not a good thing to link politics and sports. Sports should not be politicised,” Tarigami said, according to PTI.

The J&K Students Association said that invoking UAPA charges was “unacceptably harsh punishment” while urging the police to “immediately withdraw” the anti-terror charges against the seven students.

“The association also condemns the act and behaviour of the Kashmiri students in the harshest of words. The issue should be resolved amicably, rather than taking it to the court and police station,” a spokesperson from the association said.

The families of the students have also appealed the authorities to drop the charges against them so that they can continue their education.

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