Jammu And Kashmir Police Defend Booking 7 Kashmiri Students Under UAPA For Celebrating India's World Cup Loss; Say 'Softer Provisions' Invoked

Jammu and Kashmir Police have booked seven students of agriculture University under UAPA allegedly for raising pro-Pakistan slogans after Australia defeated India in the Cricket World Cup final held recently.

Sudhirendar Sharma

Updated on: 29 November 2023 4:17 am

Sedition, PSA and UAPA in Jammu and Kashmir

With political leaders describing the police action to arrest seven Kashmiri students under the Unlawful Activities Prevention Act (UAPA) for cheering the Australian team and raising Pakistani slogans as 'disconcerting and shocking', Jammu and Kashmir Police said 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 police said.

The police further said that?Section 13 of the UAPA is a 'softer' provision of the UAPA.?“Section 13 of UAPA is about inciting, advocating and encouraging separatist ideology. It is not about planning, aiding and executing actual terror acts. It classifies such actions as unlawful. In contrast to other provisions of the act, it is a softer provision of the act.”

Former Chief Minister Mehbooba Mufti described the police action as, “disconcerting and shocking that cheering for a winning team too has been criminalised in Kashmir.” “Normalising slapping of draconian laws like UAPA on journalists, activists and now students reveals the ruthless mindset of the establishment towards youngsters in J&K,” the former Chief Minister said.

Mehbooba said even the Prime Ministers applaud the teams that play well during the cricket matches. “The government claims that there is peace in Jammu and Kashmir, if it is, why do they have this paranoia? You cannot win the hearts and minds of people of J&K through the barrel of the gun,” Mehbooba said. She said the UAPA is being rampantly used against journalists and human rights activists and now students are being targeted under the law. “Why are you destroying the lives of people of J&K?” she asked.

According to the police, a student from Punjab, studying at the Veterinary Sciences and Animal Husbandry department at Ganderbal branch of Jammu and Kashmir University of Agricultural Sciences and Technology, filed a complaint?alleging?that seven Kashmiris raised pro-Pakistan slogans and threatened to “shoot him.” The complainant also alleged that pro-Pakistan slogans created fear among students who belonged to regions other than Jammu and Kashmir. Following the complaint, the students have been charged under Section 13 of the Unlawful Activities Prevention Act (UAPA) and Sections 505 and 506 of the Indian Penal Code (IPC).

Jammu and Kashmir Police unusually issued a long statement on the issue on Monday, saying “a number of opinions and comments have been made on the legal cognisance taken of the happenings surrounding anti-India sloganeering and intimidation of others who did not agree with them in a university after the conclusion of World Cup cricket match.”

“Two relevant aspects are brought to public knowledge. First: it is not merely about raising pro Pakistan slogans. It is about the full context in which the sloganeering took place. These slogans, as has usually been the case with select few bullies, were aired to intimidate those who disagreed and also to identify and vilify those who choose to keep a distance. It is also about normalising an abnormal: that everyone hates India (as different from the government of the day and party in power) ‘openly’. This abnormal and false thing is practiced mostly on the back of separatist and terrorist networks. In other words, the aim is not airing personal preference of a particular sporting team.”

The police statement said, “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. There were written complaints to evidence this.”

The police said the second aspect of it is the application of the right law. “Section 13 of UAPA is about inciting, advocating and encouraging separatist ideology. It is not about planning, aiding and executing actual terror acts. It classifies such actions as unlawful. In contrast to other provisions of the act, it is a softer provision of an act. 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. It is pertinent to mention that, the FIR is lodged on the basis of written complaint received and relevant sections are invoked as per the contents of the complaint,” the police said.

The J&K Students Association too crticised the politicians of the state. “J&K politicians should refrain from politicising the issue of seven Kashmiri students booked under UAPA and shouldn't attempt to settle scores. These students are neither activists, nor they pursue any agenda or advocate a particular ideology.? They are young students from poor families and UAPA charges should be withdrawn as this punishment could ruin their futures and they should be given a chance to be involved and bring them into the mainstream arena,” the Students Association said.

“Linking the UAPA issue of these students with a supposed prevailing thought in Kashmir is entirely inappropriate. J&K Politicians including former CMs, former Ministers & former MLAs should refrain from making such connections and should compassionately appeal to drop the UAPA charges,” the Association said.

National Conference spokesman Imran Nabi Dar said that slapping UAPA on the students is excessively severe. “Instead, they could have been suspended and provided with counseling. I hope that the authorities adopt a more lenient approach, especially considering these students were nearing completion of their degrees,” he added.

Cricket controversies in Kashmir and with Kashmiris living outside the region are not new.

In October 2021, three Kashmiri students enrolled in RBS Engineering College UP under the PM Special Scholarship Scheme for the students of J-K were arrested for allegedly posting a WhatsApp status praising Pakistan players after their victory against India in a T20 cricket match.

The Agra police had booked them under sedition and cyber terrorism charges under Indian Penal Code sections 124A (sedition), 153A (promoting enmity between groups) and 505(1)(b) (cause fear or alarm to the public) and section 66F (cyber terrorism) of the Information Technology Act.

In 2016, a row erupted at?NIT Srinagar during a cricket match between India and the West Indies. First, local Kashmiri students celebrated the West Indies' win in the semifinal. They shouted pro-West Indies slogans. This infuriated non-local students and they hoisted the tricolour inside the campus. Then they tried to take out a procession outside the campus.

In 2014, a diplomatic row broke out between India and Pakistan when the Pakistani Foreign Office objected to the expulsion of 67 Kashmiri students in UP for celebrating Pakistan's victory against India in the Asia Cup. The students of Swami Vivekananda Subharti University in Meerut were expelled from the hostel after they had cheered the Pakistan cricket team against India.