SRINAGAR: At least seven students of agricultural university in Kashmir were arrested and cases registered against them under Unlawful Activities Prevention Act (UAPA) after a student complained and alleged that he was threatened and pro-Pakistan slogans were raised after Australia’s victory against India in cricket World Cup final early November.
The complaint was reported to have been made by a student after a face off between some students at a hostel of Veterinary Sciences of She-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) at Shuhama in Ganderbal district of Kashmir on November 19, 2023.
Dr Mohammed Abubakar Ahmed Siddiqui, Dean Students Welfare, SKUAST, confirmed to “The Indian Express” that the students had been arrested. “Basically, seven students had been arrested, but I don’t have the latest information about the case. The students didn’t write any complaint to us,” he said.
However, Dean of Veterinary Sciences, Dr Tufail Banday, denied the occurence of the incident.
An official at the Faculty of Veterinary Sciences said that on the night of November 19, there was a face-off between students at the undergraduate hostel after India lost the match, The Indian Express reported.
“There are around 300 students residing at the hostels, out of which 30-40 are from states like Punjab, Rajasthan and others,” he said. “On the night of November 19, there was some face-off. The students from outside Kashmir alleged that the local students celebrated (after India’s loss) and harassed them.”
“The unfortunate thing is that no complaint was made to the warden or any other official of the institution. The student went directly to the police. Whether they presented any evidence about the incident or not, only the police will know,” he said, The Indian Express reported.
On the basis of the complaint by a 20-year-old student, the J&K police booked the arrested students under UAPA, and IPC sections 505 (intent to incite a class or community to commit offence against any other class or community) and 506 (criminal intimidation).
In his complaint, the student named seven other students and claimed that after the match, they “started abusing me and targeting me for being a supporter of our country”. He also claimed that they threatened to shoot him. The students also raised pro-Pakistan slogans, “which created fear amongst the students from outside the UT of J&K…,” the complaint claimed.
A SKUAST official said police arrived at the university hostel and asked the warden to hand over the seven students. “They were detained by the police and are at Ganderbal police station. The university officials are in touch with the police and are trying to sort out the matter,” he said. “The arrested are fourth-year Bachelor of Veterinary Science students.”
Ganderbal Police did not respond to calls and messages seeking a comment.
Police clarification on Tuesday
After Facing criticism for the arrest of seven students under the Unlawful Activities (Prevention) Act (UAPA), the Jammu & Kashmir Police on Tuesday said it had invoked a “softer provision” of the anti-terror law.
Defending its action, it said it was not “merely about raising pro-Pakistan slogans” but about the “full context”, including “intimidating” and “terrorising” those who disagreed, and “normalising an abnormal”. “This abnormal and false thing is practiced mostly on the back of separatist and terrorist networks,” the J&K Police statement said.
The police statement said that the boys have been booked under Section 13 of Unlawful Activities Prevention Act, or UAPA, and added “in contrast to other provisions of the Act, it is a softer provision of the Act.”
Section 13 of the UAPA deals with the inciting or advising of any unlawful activity and is punishable with seven years’ jail.
The students have also been slapped with provisions of 505 and 506 which deal with public mischief and criminal intimidation of the Indian Penal Code, under which, if convicted, the jail term can go up to five years.
The police said the incident was not merely about raising pro-Pakistan slogans. “…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.”
The incident came on the back of separatist and terrorist networks, they said.
The statement also defended police action saying the youths’ aim was neither about airing personal preference of a particular sporting team, nor 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,” its statement said.
The police said the FIR was lodged on the basis of a written complaint and sections were invoked as per the contents of the complaint.
Kashmiri students have faced harassment or terror laws and have been jailed on such occasions. In April 2022, three Kashmiri students booked for celebrating Pakistan cricket team’s victory over India in a T20 World Cup match in 2021 were released after nearly six months in Agra jail.
Reactions from political parties
Flaying the police action, former chief minister and National Conference Vice President Omar Abdullah said the move goes against the assurance given by Prime Minister Narendra Modi, who had announced in 2021 that it was time to end ‘Dilli ki duri’ as well as ‘Dil ki duri’ with Jammu and Kashmir.
“I don’t agree with what these students did. But having said that I also do not agree with the way police have handled this case. This will not decrease dil ki duri as envisaged by the Prime Minister,” Omar said, adding, police must remember their “softer version” would destroy the careers of the students.
PDP president Mehbooba Mufti condemned the police action, terming the youths’ arrest “shocking.”
She said UAPA is used to book terrorists, but the government was using it to arrest the youths, journalists, and students. Mehbooba Mufti alleged that the incident reflects the ruling dispensation’s “ruthless mindset” and requested lieutenant governor Manoj Sinha’s intervention.
“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 JK,” Mufti said in a post on ‘X’ (Formerly Twitter).
Senior Communist Party of India-Marxist leader MY Tarigami termed the action deplorable and students’ sloganeering a simple act of celebration.
“It is highly deplorable to invoke 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,” Tarigami said.
The “misuse of UAPA” against individuals “has become a norm” in J&K and broadly in the country, CPI(M) Central Committee member and former Kulgam MLA MY Tarigami told NewsClick.
“It is absolutely unfortunate and draconian but it has become a new norm as the law has been slapped indiscriminately against anybody and everybody, including journalists. No words or condemnation are enough against such acts,” he said.
JK Students Association has urged Union Home Minister Amit Shah and Jammu and Kashmir Lieutenant Governor Manoj Sinha to drop UAPA charges slapped against the students, seeking mercy on humanitarian grounds.
“This punishment could ruin their futures. The UAPA charges will have serious consequences on the academic and future career of the students and should be withdrawn,” the union said.
Senior Congress leader and former MP Saiffudin Soz said that Jammu and Kashmir Administration has gone wrong in arresting seven Kashmiri students who had cheered for a section of the cricketers of their choice.
“While I recognize that the Govt. has long hands to punish people for what it considers to be wrong but, it is not always that the J&K Police’s action will be considered lawful!,” Soz said.
He said, “In the instant case, arresting seven students for cheering for a particular group of cricketers is not lawful, at all. The Govt.’s action can’t be supported by any Court of Law in India.”
The former MP said, “If the J&K Administration found that the cheering by the students for a particular batch of cricketers was not to its taste, it could have asked the police to tender any kind of advice, under the circumstances. But, then, arresting these students for their cheers is entirely unlawful. It will get the govt. only bad publicity for its illegal action!”
Soz said, “On my reading of the events, I felt convinced that charging these students with public mischief and criminal intimidation under section 13 of the unlawful activities prevention act (UAPA and Sections 305, 306 of Indian Penal Code (IPC) is absolutely wrong!”
Kashmiri vendors targeted in UP
The Municipal Corporation enforcement team took action against Kashmiri youths and found them selling dry fruits on the tracks from Samatamulak to Gandhi Setu in Lucknow.
The Zone-4 team apprehended the youths and initially detained them, causing a stir in the area.
Reports suggest that a heated exchange ensued between the Kashmiri youths and the Municipal Corporation team before they were all taken into custody. Interestingly, bystanders, who were shopping at the time rallied in support of the Kashmiri youth.
A dry fruit seller, Amir from Kashmir, stated that they come to Lucknow every year, however, this year the Municipal Corporation did not permit them to sell here, asserting, “This is wrong; you cannot sell here.”
In response, they pointed out that this rule should apply to everyone, as some vendors continue their work as usual.
He emphasized, “We come here only for two to three months, hoping to earn a livelihood. We have families, and everyone knows the increased unemployment.”
Amir said, “We are only asking to be allowed to work here during these months. We don’t come here for work throughout the year.”
Every time, they confiscate our goods, and the vendors don’t know where they keep them. “We don’t feel like they consider us their own, despite being so. They desire Kashmir but have no concern for the Kashmiris.”
In Kashmir, thousands of people from outside set up stalls on footpaths without such incidents occurring. If any mistreatment happens there with outsiders, locals support them.
“Our concern is that if we had resources back home, we wouldn’t need to set up stalls on footpaths here. We plead with them to permit us to set up these stalls,” Amir said.
The Municipal Corporation defended its actions, citing the disruption caused to traffic flow on the bridge due to people stopping to shop, resulting in jams.
Consequently, a significant number of complaints were lodged regarding the traffic disturbance.
Tax Superintendent Vijay Shankar from Zone-4 clarified that the youths were caught illegally selling dry fruits along the Gomti Bridge and Samta Mool Chowk, contributing to the traffic disruption. The enforcement team, with police assistance, made efforts to clear the area and transport the youths along with their belongings.
After warnings were issued and a written commitment obtained from the Kashmiri youths not to set up their businesses in these locations in the future, their confiscated goods were returned to them under these conditions.
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