SRINAGAR: Inflammatory slogans targeting one's country constitutes unlawful activity liable to be treated as an offence prejudicial to national interest, J&K high court has said while setting aside a sessions court's order dismissing proceedings against two Kashmiri men accused of anti-India sloganeering .
The division bench of Justices Sanjeev Kumar and Sanjay Parihar was hearing J&K govt's appeal against a 2021 verdict exonerating Ameer Hamza Shah and Rayees Ahmad Mir of the charge of making an "anti-national speech" after Friday prayers with the "intent to instigate the public against India's sovereignty and advocate separation of J&K from the rest of the country".
The judges said the sessions court's order, which contended that "mere sloganeering" doesn't threaten a country's integrity, "suffers from non-application of mind and erroneous application of law".
"Thus, on the face of it, is perverse and is, therefore, set aside," states the ruling, pronounced last week and announced Thursday.
Ameer and Rayees, residents of Kehnusa in north Kashmir's Bandipora, had been arrested under Section 13 of the Unlawful Activities (Prevention) Act, based on an FIR registered by J&K Police on March 20, 2015. It took another five years for police to file a chargesheet against them before an additional sessions judge's court.
On Sept 29, 2021, the sessions court dismissed the chargesheet, saying there was "no proof of any law-and-order problem or material to warrant their involvement in an unlawful activity".
The division bench noted that the sessions judge invoking Supreme Court's judgment in the Balwant Singh and Others vs State of Punjab case was "uncalled for" since the circumstances were entirely different.
The division bench of Justices Sanjeev Kumar and Sanjay Parihar was hearing J&K govt's appeal against a 2021 verdict exonerating Ameer Hamza Shah and Rayees Ahmad Mir of the charge of making an "anti-national speech" after Friday prayers with the "intent to instigate the public against India's sovereignty and advocate separation of J&K from the rest of the country".
The judges said the sessions court's order, which contended that "mere sloganeering" doesn't threaten a country's integrity, "suffers from non-application of mind and erroneous application of law".
"Thus, on the face of it, is perverse and is, therefore, set aside," states the ruling, pronounced last week and announced Thursday.
Ameer and Rayees, residents of Kehnusa in north Kashmir's Bandipora, had been arrested under Section 13 of the Unlawful Activities (Prevention) Act, based on an FIR registered by J&K Police on March 20, 2015. It took another five years for police to file a chargesheet against them before an additional sessions judge's court.
On Sept 29, 2021, the sessions court dismissed the chargesheet, saying there was "no proof of any law-and-order problem or material to warrant their involvement in an unlawful activity".
The division bench noted that the sessions judge invoking Supreme Court's judgment in the Balwant Singh and Others vs State of Punjab case was "uncalled for" since the circumstances were entirely different.
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