Police defend booking seven Kashmiri students under UAPA

They allegedly raised pro-Pakistan slogans after India lost to Australia in the World Cup on November 19

Updated - November 28, 2023 06:36 pm IST

Published - November 28, 2023 06:27 pm IST - SRINAGAR:

The Jammu and Kashmir police on November 28 defended the move to book seven Kashmiri students under the Unlawful Activities (Prevention) Act (UAPA) for allegedly raising pro-Pakistan slogans after India lost to Australia in the World Cup on November 19, saying “it was also about normalising an abnormal”. However, the students’ parents have appealed for a lenient view and immediate withdrawal of the First Information Report (FIR). 

All the seven accused remain in the police remand till November 30 on the orders of a Ganderbal court. “We have pleaded before the court as well as the higher authorities that these students have secured admission on merit and worked hard for it. There have been no anti-national or anti-social cases against them in the past. Many are orphans and from poor financial backgrounds. These students do not deserve to be booked under a harsh law. They deserve a second chance,” advocate Shafeeq Bhat, pleading the cases of all the seven accused students, told The Hindu.  

The parents, who have tendered a written apology to the Vice-Chancellor of the varsity on behalf of the students, said the police should take “a lenient view of the unfortunate incident”. “We request that the FIR be withdrawn immediately,” one of the parents said. “It will, otherwise, mar their careers,” he added.

Stating that it was not merely about raising pro-Pakistan slogans, a police spokesman said, “These slogans, as has usually been the case with (a) 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’,” the spokesman said.

The police said this “abnormal and false thing is practised mostly on the back of separatist and terrorist networks”. “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. There were written complaints to evidence this,” the police said.

The police said Section 13 of the UAPA was 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,” the police said.

The police action followed a written complaint by a student from Punjab, who is studying at the SKUAST-K. 

Parties slam action

Several political parties in Jammu and Kashmir, however, deplored the police action. “This regime claims everything is normal. But why such fear and paranoia when some students celebrate the victory of Australia? You cannot control hearts and minds through guns and fear. How many will you jail? One can jail a person, not an idea,” Peoples Democratic Party (PDP) president Mehbooba Mufti said.

Ms. Mufti accused the administration of trying to “mar the careers of these students”. “Do you just need the land of Kashmir? If that is the case then throw us out, the way Israel is doing in Gaza. Youths are being booked under stringent anti-terror laws to express themselves. Why? You are pushing youth to the wall, where they could either commit suicide or chose any other path. The Lieutenant Governor [Manoj Sinha] should intervene. There is a need for a reach-out to youth,” she added.

CPI(M) leader M.Y. Tarigami termed the government’s move “highly deplorable”. “To invoke the UAPA, an Act supposedly meant to combat terrorist activities, against students for the simple act of celebrating sports events. This not only reflects the recurring misuse of the Act but also signifies unprecedented curbs on expression. Sport should be viewed as a recreational activity and must not be politicised,” Mr. Tarigami said.

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

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