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J&K Police defend its decision to book students under UAPA
11/28/2023 10:35:35 PM

Early Times Report

Srinagar, Nov 28: Jammu and Kashmir police on Tuesday said that the seven University students held in Ganderbal district after the Cricket World Cup final have not been arrested "merely for raising pro-Pakistan slogans but in full context in which the sloganeering took place."
The Police also defended booking the seven students of Sher-e-Kashmir University of Agricultural Sciences and Technology under the Unlawful Activities Prevention Act (UAPA) saying section 13 of Act is about inciting, advocating and encouraging separatist ideology and not about terrorism.
In a detailed statement, Police said 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 final.
"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," the statement by Ganderbal police said.
"In other words, 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," it added.
The police said the second aspect is 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 act it is a softer provision of act," the police said.
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, police said.
Police said the FIR is lodged on the basis of written complaint received and relevant sections are invoked as per the contents of the complaint.
Seven Kashmiri students were arrested and booked under the UAPA on November 20 after another non local student complained that he was allegedly threatened and pro-Pakistan slogans were raised following Australia's victory against India in the World Cup final on November 19.
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