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SRINAGAR: On Tuesday, former Jammu and Kashmir Chief Minister, Mehbooba Mufti, expressed strong disapproval over the arrest of seven Kashmiri students who celebrated Australia’s triumph over India in the cricket World Cup final on November 19. The students were charged under the Unlawful Activities Prevention Act (UAPA), a move she criticised as detrimental to their futures.
Mufti questioned the administration’s actions, highlighting the universality of sportsmanship. “It’s sad, sport is sport. Our PM goes and cheers for opposition team too. In J&K they claim things are fine here then why this fear? What’s wrong in cheering for Australia? How many will you put in jail? Youth, journalists are being booked under UAPA, it’s for terrorists and you slap it on them. Now they are using this for students and ruining them,” she remarked.
Comparing the situation in Kashmir to the ongoing Israel-Gaza conflict, Mufti urged swift action akin to Israel’s approach. She appealed to Lieutenant Governor Manoj Sinha to intervene and release the detained students enrolled at the Sher-e-Kashmir University of Agricultural Sciences and Technology in Ganderbal district.
Jammu and Kashmir Police justified the arrests, stating that seven students at an agricultural university in Kashmir were booked under UAPA after a fellow student reported alleged threats and pro-Pakistan slogans following Australia’s victory in the cricket World Cup final.
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A senior police official told The New Indian, “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.”
The official added, “It is not about dissent or freedom of expression; it is about terrorising others who may be nourishing pro-India or anti-Pakistan sentiments.” He highlighted that written complaints were submitted as evidence.
Elaborating on the legal aspect, the officer explained that Section 13 of UAPA deals with inciting separatist ideology, categorising such actions as unlawful. The charges include incitement and abetment of unlawful activities, along with the invocation of Section 505 and 506 IPC for ‘public mischief’ and ‘criminal intimidation,’ respectively.
In light of these developments, the officer emphasised the need to apply the right law, stressing that the charges were not about planning, aiding, or executing actual terror acts but aimed at addressing the softer provision related to inciting separatist ideology.
“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,” he said.
“As per the content of the complaints, the FIR 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,” he added.
