The Jammu and Kashmir Police have withdrawn charges under the Unlawful Activities Prevention Act (UAPA) against seven students of Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST). The students were arrested following a complaint that they had allegedly threatened a fellow student and raised pro-Pakistan slogans after Australia’s victory against India in the cricket World Cup final. The seven students have also been granted interim bail until December 13.
The decision to invoke UAPA had been criticized by former chief ministers Omar Abdullah and Mehbooba Mufti, leading the J&K Police to clarify that they had invoked a “softer provision” of the anti-terror law. The police had initially stated that the case was not “merely about raising pro-Pakistan slogans” but also involved “intimidating” and “terrorizing” those who disagreed, and “normalizing an abnormal” situation, which they claimed was often backed by separatist and terrorist networks.
The complaint against the seven students was filed by Sachen Bains, who alleged that during the World Cup final match between India and Australia, the students
“started abusing me and targeting me for being a supporter of our country.” He claimed that the students also raised pro-Pakistan slogans, creating fear among students from outside the Union Territory of J&K.
However, upon further investigation, the police report revealed that senior officers and prosecuting officers, after analyzing the circumstances, evidence, and statements, concluded that the evidence did not link the accused to the commission of an offense under Section 13 of UAPA. Instead, they found that the offense under Section 153-A of the IPC was applicable.
In response to the police’s submission, the court granted interim bail for 111 days to the arrested students. The court order specified that the accused persons must furnish a surety bond of Rs 25,000 each, refrain from indulging in any anti-national activity, remain available for investigation, and not assist or come in contact with any criminal or association of such persons.
Mehbooba Mufti welcomed the decision to drop UAPA charges, stating,
“Glad to know that UAPA charges against SKUAST students have been dropped. Finally good sense has prevailed and their future saved from jeopardy.”
The case has sparked a debate on the use of stringent laws like UAPA, especially in situations involving freedom of expression and dissent. The decision to drop the charges and grant bail reflects a reconsideration of the initial harsh response and highlights the complexities of law enforcement in sensitive regions.
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