The Wire Staff 
New Delhi: A court in Jammu and Kashmir granted bail to the seven students who were arrested for allegedly shouting pro-Pakistan slogans following India’s defeat in the cricket world cup final last month. The police has also dropped its terror charges against the students.
The court in central Kashmir’s Ganderbal district on Saturday, December 2, granted interim bail to the seven students of Sher-e-Kashmir University of Agriculture Science and Technology (SKUAST), who were accused of celebrating Australia’s victory over India in the world cup final.
A complaint filed by a SKUAST student from Punjab had alleged that pro-Pakistan slogans were shouted by Kashmiri students staying at one of the hostel blocks in the university, while non-local students were also warned against rooting for India.
The FIR, a copy of which is with The Wire, stated that the complainant student, Sachin Bains, was allegedly abused and threatened by the Kashmiri students who shouted pro-Pakistan slogans such as ‘Jeeve Jeeve Pakistan’ which created an atmosphere of fear among the non-local students at the university.
After receiving the complaint, the police had booked the students 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) of Indian Penal Code.
The terror FIR had prompted an uproar in Kashmir, with the families of the students as well as political parties and common netizens demanding that the police should drop the charges and give the students a second chance to continue their studies.
However, the J&K Police, while terming the incident as “terrorising” and “abnormal”, had defended the anti-terror FIR, saying 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 Wednesday, November 28, said.
When the bail application came up for hearing on Saturday, the prosecution told the court that the police prepared the site plan of scene of occurrence of the incident which took place on November 19 at one of the two undergraduate hostels of SKUAST in the Ganderbal district.
During the investigations, the statements of witnesses were recorded under Section 161 of Code of Criminal Procedure and a mobile phone, which was used for filming the incident, was also taken into its custody and later sent to FSL Srinagar for analysis by J&K Police, the prosecution said.
“During the course of investigation, CDR/SDR and bank details/property details being collected in the instant case and the correspondence has been taken with concerned units,” the prosecution told the court.
However, the prosecution said that after initial investigation, it was found that Section 13 of the anti-terror law didn’t apply to the case.
“Senior prosecuting officer analyzed circumstances, evidences and statements on record opined that at this stage as per the evidences on record does not connect the accused persons to the commission of offences 13 UA(P) Act but the offence under section 153-A IPC is attracted in the instant case while as section 13 UA(P) Act is dropped,” the prosecution told the court.
“As per the statements of witnesses, other evidences and legal opinion so far section 153-A, 505, 506 IPC have been established against the accused persons in the instant case and the investigation of the instant case is going on,” the prosecution added.
Earlier, the defence had told the court that the students were “law abiding citizens” who “commanded the respect in the society and never involved in any antisocial activities”, while alleging that they were being “implicated in a false and frivolous case” by police.
After hearing the two sides, the court granted interim bail to the students till December 13 on personal bonds and surety bonds each of Rs 25,000 among other conditions. The court asked the students to stay away from the witnesses in the case and any “anti-national activity”.
The court also ordered the students to remain available for questioning regarding the case. “However, the investigating officer shall not call the accused persons after sunset or before sunrise and if the applicants are called for any investigation purpose proper record shall be maintained in the CD,” the court observed.