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[VIDEO] India & Pakistan: The students in jail for praising the wrong cricket team

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An Indian student has now spent nearly two months in jail for celebrating Pakistan’s victory in a cricket match.

The BBC’s Rajini Vaidyanathan went to the northern Indian city of Agra to meet his family, and find out why lawyers are refusing to represent him.
 
Absolutely horrific for a so called democracy. Shameful.
 
I do wonder how many in India can call themselves civilized/advanced when this happens.
 
This is part and parcel of the subcontinent. India and Pakistan compete in this idiocy all the time.

Agreed - Pakistan and India competing in such things.

My only concern is when people come over and defend this stuff.
 
This is part and parcel of the subcontinent. India and Pakistan compete in this idiocy all the time.

Wow what India is doing is truly shocking and horrendous. Jailing people for supporting Pakistan in a cricket match? You must be kidding.

And worse still, despite the very clear and obvious oppression, hatred and fascism in the jailing, local lawyers are unwilling to represent them. Wherever there is injustice in this world, you will find hard working lawyers fighting for the right thing. So if lawyers are unwilling to fight injustice, to me that shows a highly indoctrinated nation that has completely lost its moral compass. It really is shameful.

And street cricketer please don’t bring Pakistan into it by effectively saying that Pakistan is just as bad. Last time I checked, nobody in Pakistan was being jailed over cricket matches.
 
Wow what India is doing is truly shocking and horrendous. Jailing people for supporting Pakistan in a cricket match? You must be kidding.

And worse still, despite the very clear and obvious oppression, hatred and fascism in the jailing, local lawyers are unwilling to represent them. Wherever there is injustice in this world, you will find hard working lawyers fighting for the right thing. So if lawyers are unwilling to fight injustice, to me that shows a highly indoctrinated nation that has completely lost its moral compass. It really is shameful.

And street cricketer please don’t bring Pakistan into it by effectively saying that Pakistan is just as bad. Last time I checked, nobody in Pakistan was being jailed over cricket matches.

You just don't know about your country enough.
 
This is part and parcel of the subcontinent. India and Pakistan compete in this idiocy all the time.

Many supported PCT in Tamil Nadu it never became such an issue, even in North it was never an issue till this regime came into power, this is silly.

I rather arrest someone for evading taxes .
 
Depends what those "messages" are that were sent.

Have some shame.

People are being jailed for celebrating.

You can call them names if you like but to use law to arrest and jail them is shameless.
 
Many supported PCT in Tamil Nadu it never became such an issue, even in North it was never an issue till this regime came into power, this is silly.

I rather arrest someone for evading taxes .

My brother studied in Crescent and he said there were a few students who would support Pakistan in cricket. But usually it would just be banter when Pakistan lose, I never heard about students getting jailed and things like this. You will always have people in your country supporting other teams. In Sri Lanka, quite a few Sri Lankan Tamils would and still support India in cricket while many Sri Lankan muslims support Pakistan. I'm sure there must be Pakistani or Bangladeshi Hindus who would support India in cricket but would not just be open about it. A lot of times, religion and culture plays a role in things like sports allegiance and that can take time to change. I know die hard Indian cricket fans who are muslims as well.

For me it's simple. As long as one doesn't engage in anti social and nefarious activities, people are free to support any team in sport. Otherwise don't call yourself a democracy, that's no different from a Communist republic like China where you can get jailed for questioning the power structures even slightly.
 
My brother studied in Crescent and he said there were a few students who would support Pakistan in cricket. But usually it would just be banter when Pakistan lose, I never heard about students getting jailed and things like this. You will always have people in your country supporting other teams. In Sri Lanka, quite a few Sri Lankan Tamils would and still support India in cricket while many Sri Lankan muslims support Pakistan. I'm sure there must be Pakistani or Bangladeshi Hindus who would support India in cricket but would not just be open about it. A lot of times, religion and culture plays a role in things like sports allegiance and that can take time to change. I know die hard Indian cricket fans who are muslims as well.

For me it's simple. As long as one doesn't engage in anti social and nefarious activities, people are free to support any team in sport. Otherwise don't call yourself a democracy, that's no different from a Communist republic like China where you can get jailed for questioning the power structures even slightly.

True - and its clear that this is the case - it was banter that went OTT and probably hurt sentiments. To use the law for this is shameful.
 
You need to tone down and see how insensitive you are being right now.

Have some shame.

People are being jailed for celebrating.

You can call them names if you like but to use law to arrest and jail them is shameless.

Its not about being insensitive. There's cyber law and code of conduct involved here which will be enforced by the enforcers.

MIG, the video you posted itself states that he was jailed NOT for celebrating but due to the messages that were sent out to his friends and groups. Unless someone has those messages, any conclusion leads to ambiguity because those messages could be innocent or could lead to jail time.

Does anyone have those messages that the reporter/family members in the video talks about?
 
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Many supported PCT in Tamil Nadu it never became such an issue, even in North it was never an issue till this regime came into power, this is silly.

I rather arrest someone for evading taxes .

If it's an insurgency prone area, you've to be careful about what you write. The jurisdiction becomes more strict than rest of the country.

North east in the 90s had similar issues and only after peace has begun to come back, the restrictions were mellowed. Even then, if there's any eruption, you again have to be careful.

One should respect the circumstances and act accordingly. Even as banter, it can lead you to trouble in these areas.
 
If it's an insurgency prone area, you've to be careful about what you write. The jurisdiction becomes more strict than rest of the country.

North east in the 90s had similar issues and only after peace has begun to come back, the restrictions were mellowed. Even then, if there's any eruption, you again have to be careful.

One should respect the circumstances and act accordingly. Even as banter, it can lead you to trouble in these areas.

Yes we know it can lead to problems but what we are discussing here is whether it is right or wrong or plain disgusting.
 
Its not about being insensitive. There's cyber law and code of conduct involved here which will be enforced by the enforcers.

MIG, the video you posted itself states that he was jailed NOT for celebrating but due to the messages that were sent out to his friends and groups. Unless someone has those messages, any conclusion leads to ambiguity because those messages could be innocent or could lead to jail time.

Does anyone have those messages that the reporter/family members in the video talks about?

We all know and its been reported many times that the messages were about Pakistan's cricket victory. If they werent believe me you would have heard about it.
 
Such a shame India is turning into a facist right wing country fast

How the hell can you keep people in prison for supporting another team?
 
Showkat Ahmad, a college student who resides in Indian-occupied Kashmir, was arrested on October 24 for celebrating Pakitan's victory against India in the T20 World Cup. Two months on, he remains incarcerated and no lawyer is ready to represent him.

In an interview with BBC, Ahmad's mother cried: "My heart burns for my son. Each day passes by with a lot of difficulties. We haven’t eaten properly for the last two months."

His sister, Fancy Bano, said during the cricket match, his friends messaged each other, which led to their arrest.

The students had praised the Pakistani team and skipper Babar Azam on WhatsApp for their stellar performance, which saw the Men In Green defeat India for the time in any World Cup.

They are also accused of chanting pro-Pakistan slogans on campus, but according to the authorities of the college — where they were watching the match — that never happened.

“We miss him soo much. We want his future to progress. He was our hope for our future,” said his sister.

Lawyer says 'they have hurt our feelings'
The BBC reached out to a lawyer, Nitin Verma, and asked him why any lawyer was not ready to represent the student. He said: "They have hurt our feelings by their actions and that’s why we have decided that we won’t take their case."

“You do have the constitutional right of the freedom of speech but that doesn’t mean that in your own country you can promote another country that is involved in anti-national activities," he added.

Ruling party's stance

A spokesperson of the ruling BJP party told the BBC that these arrests were necessary to maintain law and order.

GEO
 
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">This is unfortunate and very disappointing! Really hope that better sense prevail and such madness ends. <a href="https://t.co/n4lT1Et2DB">https://t.co/n4lT1Et2DB</a></p>— Shahid Afridi (@SAfridiOfficial) <a href="https://twitter.com/SAfridiOfficial/status/1472532155473477634?ref_src=twsrc%5Etfw">December 19, 2021</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
 
There are over 200 million Muslim's in India. The India needs to understand that many of their Muslim's do love and have a soft spot for Pakistan even for religious reasons. Indian Muslim's supporting Pak at the Cricket does not meaning hating their own country. In America and the UK people are allowed to support other countries even against their own. The difference in the Pak-Bharat quagmire is we have two countries who have fought wars against each other.
 
Supporting Pakistan cricket team is totally fine in India. As I have said many times, I have grown up seeing Indian muslims cheering and bursting firecrackers after Pakistan win. Not only they celebrate Pakistan win but also Indian team loss. Still remember how they celebrated India's loss against SL in 96 semi final. So supporting or cheering Pakistan team in India was never a problem. Most Indian muslims support Pakistan anyway.

Infact even on this T20 world cup match, there were news of widespread celebration in India. Many congress MPs also celebrated Pak win and marked India's loss as defeat of bhakts. How many got arrested? How many behind bars?

This guy got arrested not bcoz he supported PCT but raised anti India slogans in jest. Maybe it was not a crime to raise anti India slogans in congress era but it wont be tolerated anymore and rightly so. BBC or any foreign media can do any interpretation they want.
 
There are over 200 million Muslim's in India. The India needs to understand that many of their Muslim's do love and have a soft spot for Pakistan even for religious reasons. Indian Muslim's supporting Pak at the Cricket does not meaning hating their own country. In America and the UK people are allowed to support other countries even against their own. The difference in the Pak-Bharat quagmire is we have two countries who have fought wars against each other.

There lies the problem right and the entire preamble of left vs right wing fight in India. So muslims in India have right to demand a new country and shower alliance with it based on religious lines but remaining hindus should stay secular. Dont you think its hypocritical?

And pls dont give example of America or UK. All the European countries surrounding UK is secular democracy. Unlike in subcontinent where all countries are religious autonomy but expectation is only from India to stay secular. That hypocritical arrangement will never work.

Also LOL at these people just support PCT but dont hate India. Pls bro...dont make me laugh on a sunday. What had Bipin Rawat's death got to do with cricket? Did you not see the rejoicing and widespread celebration by these anti-national gang? What had Neeraj Chopra's olympic gold medal had to do with Pakistan cricket? Did you not see the social media meltdown then by the same gang?

All these 'Oh these innocent folks just loves Pak cricket but dont necessarily hate India' card is bit outdated and no longer works. Everyone knows the truth now, apart from few liberal Indians whom you find in this forum.
 
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There lies the problem right and the entire preamble of left vs right wing fight in India. So muslims in India have right to demand a new country and shower alliance with it based on religious lines but remaining hindus should stay secular. Dont you think its hypocritical?

And pls dont give example of America or UK. All the European countries surrounding UK is secular democracy. Unlike in subcontinent where all countries are religious autonomy but expectation is only from India to stay secular. That hypocritical arrangement will never work.

Also LOL at these people just support PCT but dont hate India. Pls bro...dont make me laugh on a sunday. What had Bipin Rawat's death got to do with cricket? Did you not see the rejoicing and widespread celebration by these anti-national gang? What had Neeraj Chopra's olympic gold medal had to do with Pakistan cricket? Did you not see the social media meltdown then by the same gang?

All these 'Oh these innocent folks just loves Pak cricket but dont necessarily hate India' card is bit outdated and no longer works. Everyone knows the truth now, apart from few liberal Indians whom you find in this forum.

So if I applaud Kohli or love some Bollywood film does that make me less Pakistani? The Muslim's in India today are Indian by choice. Shahrukh Khan's Dad and Dilip Kumar chose India over Pakistan at the time of independence yet their loyalty is still questioned. So you are suggesting that they should be imprisoned shows how screwed up you are! Aryan Khan was in prison recently for nothing.

From 200 million Muslim's how many cheered Bipin's death moreover many could be false identities too on Twitter? Did your Muslim's decry Neeraj winning the gold medal? Thing is the the RSS will attack Indian Muslim's even if they supported a non Pakistani Muslim like a Khabib or Salah. They just need an excuse to make them scrape goats for their own failures. So fan Indian Muslim must hate Pakistan more then the Hindu's to prove his love for India, right? Thanks for proving Quaid Jinnah right!

Liberal Indian is much better then a blood sucking one! So Hindu Rahul Gandhi hates India too or are you now gonna call him an Italian? Brilliant! Those Owaisi brothers hardly speak any good about Pak yet they are still Pak lovers!! Go and watch "Chak De India".
 
This is nothing new in the sub-continent.

Virat Kohli fan in Pakistan faces 10-year jail term for hoisting India flag

Umar Draz was arrested on January 26 when India beat Australia in a T20 match in which Virat Kohli scored 90 runs.

https://amp.scroll.in/latest/802624...-being-a-virat-kohli-fan-hoisting-indian-flag

I hope, he is not still rotting in the jail.

It doesn't say where it happened in PK? This isn't a Srivastava group production is it? If its true, its pathetic
 
The attitudes of some on this thread tells me India has long way to go before it can even come close to being called a first world state
 
So if I applaud Kohli or love some Bollywood film does that make me less Pakistani? The Muslim's in India today are Indian by choice. Shahrukh Khan's Dad and Dilip Kumar chose India over Pakistan at the time of independence yet their loyalty is still questioned. So you are suggesting that they should be imprisoned shows how screwed up you are! Aryan Khan was in prison recently for nothing.

From 200 million Muslim's how many cheered Bipin's death moreover many could be false identities too on Twitter? Did your Muslim's decry Neeraj winning the gold medal? Thing is the the RSS will attack Indian Muslim's even if they supported a non Pakistani Muslim like a Khabib or Salah. They just need an excuse to make them scrape goats for their own failures. So fan Indian Muslim must hate Pakistan more then the Hindu's to prove his love for India, right? Thanks for proving Quaid Jinnah right!

Liberal Indian is much better then a blood sucking one! So Hindu Rahul Gandhi hates India too or are you now gonna call him an Italian? Brilliant! Those Owaisi brothers hardly speak any good about Pak yet they are still Pak lovers!! Go and watch "Chak De India".

Aha that 200 million card.

So from 1.5 billion Indians, how many Indians criticized Shami on twitter?

How many gave threats to Kohli's daughter?

How many got jailed for supporting Pakistan?

And LOL at false identities. Most of them were arrested and admitted they celebrated Bipin Rawat's death. Sorry but looks you dont have much knowledge about India and just go by whatsapp news.

Aryan Khan was in the prison for the same crimes Rhea Chaktaborty (a hindu brahmin) was arrested for. Now whether those charges are right or wrong is debatable. But somehow you singled out Aryan just bcoz it fits the narrative.

I also agree liberals and secularism is better. But I will never agree on this hypocritical arrangement that only India has to remain secular democracy but all other neighbouring countries will have religious autonomy. Sorry but that cant work.
 
This is nothing new in the sub-continent.

Virat Kohli fan in Pakistan faces 10-year jail term for hoisting India flag

Umar Draz was arrested on January 26 when India beat Australia in a T20 match in which Virat Kohli scored 90 runs.

https://amp.scroll.in/latest/802624...-being-a-virat-kohli-fan-hoisting-indian-flag

I hope, he is not still rotting in the jail.

Well anti national activity won't be tolerated in any country. It will just vary depending upon jurisdiction. Pakistan seems to have even stricter punishment than India as it seems.
 
Aha that 200 million card.

So from 1.5 billion Indians, how many Indians criticized Shami on twitter?

How many gave threats to Kohli's daughter?

How many got jailed for supporting Pakistan?

And LOL at false identities. Most of them were arrested and admitted they celebrated Bipin Rawat's death. Sorry but looks you dont have much knowledge about India and just go by whatsapp news.

Aryan Khan was in the prison for the same crimes Rhea Chaktaborty (a hindu brahmin) was arrested for. Now whether those charges are right or wrong is debatable. But somehow you singled out Aryan just bcoz it fits the narrative.

I also agree liberals and secularism is better. But I will never agree on this hypocritical arrangement that only India has to remain secular democracy but all other neighbouring countries will have religious autonomy. Sorry but that cant work.

Once again you are accusing Indian Muslim's not Hindu's of treachery so what do they have to do to prove their loyalty to India? A good many including your Muslim's blamed Shami for the defeat to Pak which is fair enough only that accusing him of giving the match away is absurd.

It must be good having over 200 million Indian Muslim friends like you obviously do allowing you to be so judgemental. Even many Hindu supporters of Congress celebrated Bipin's death but why would you want to mention that. It bursts your bubble!

My narrative is simple that there was no evidence against Aryan. As he is the son of your biggest movie star not only me but millions of your own people highlighted his arrest. No one really knows who that Rhea guy is. I have enough knowledge of India through your websites, tv channels and tweets. I know how RSS brainwashed you people with hatred of your minorities and Pakistanis in particular. I know that your news channels are obsessed with Pak news more then anything else.

India can be whatever it wants I have no interest in that. Your Muslim's are mostly loyal to your country not Pak. You can not judge 200+ million people on the back of a few miscreants celebrating Bipin's demise. I would never question the loyalty of Pak non Muslim's who have died fighting for the country against Hindu majority India. By your logic your Muslim soldiers are traitors too! Shows how much you know. .
 
New Delhi: Three Kashmiri students who have been charged for sedition for allegedly celebrating the Pakistani cricket team’s victory after a T-20 match in October this year continue to languish in jail. The three students – Arsheed Yusuf, Inayat Altaf Sheikh and Showkat Ahmed Ganai – are enrolled at the Raja Balwant Singh Engineering College in Agra and were arrested on October 27.

They were booked under Sections 124 A (sedition), 153-A (promoting enmity between different groups) and 505 (1) (B) of the Indian Penal Code (IPC) and 66-F (cyber-terrorism) of the Information Technology Act for allegedly sending WhatsApp messages “against the country” after the match.

As their families appeal for justice in the hopes of getting a bail order for them, their application could not be heard in the Allahabad high xourt owing to procedural delays and lack of resources. Previously, the students did not get access to legal aid in Agra city, with lawyers allegedly refusing to represent those labelled “anti-national”. Following this, student bodies and volunteers arranged for legal aid in Mathura. Alongside their bail application, a transfer application to move the case from Agra is also pending and could not be heard for the fourth time in a row.

Speaking to The Wire, Madhuvan Dutt, the lawyer representing the students, explained, “Justice Suneet Kumar was hearing the petitions today [Thursday] after lunch. Applications were heard until article number 43 however, our article number was 76. So our application was not disposed of. It is likely to come up only around the 6th or the 7th of January.”

He added, “These delays are procedural, it is not only in this case but in all other cases too. In high court, bail applications are taking over one month to be disposed of, a lot of this legal burden is compounded with COVID. All litigants in UP are suffering with these delays. Three of our appeals for the transfer application could not be heard because there was no sitting judge. This delay is causing injustice for all litigants.”

The students have spent over 60 days in jail for cheering for the “wrong” cricket team. Students allege that the issue has not found representation on the agenda of any mainstream political parties as Kashmiri youth struggle to prove their innocence and allegiance to the state.

Manzoor Wani, a friend and mentor to the students, stated that other Kashmiri students at the college were facing harassment and threats post the arrests of the three students. “They feel that if they speak up or even give statements in the media, their careers will be over and their lives will be in jeopardy; the pressing of charges and the arrests, and more so the lack of legal recourse and its delays, have led to a chilling effect. This, despite the fact that they believe in the fact that posting on WhatsApp about Pakistan’s victory was in no way meant to offend anyone.”

Wani added, “No lawyer was willing to fight their case on the premise that they are anti-national, they were denied legal aid and their basic constitutional rights, we had to muster funds and efforts through the Association for Protection of Civil Rights (APCR) to be able to afford legal counsel.”

A bail plea is first made to a magisterial court in the district and then to a sessions court and subsequently to the high court following its rejection by the lower courts.

Amid the tedious legal processes, the families of the students are in deep distress as hope for their freedom is fading. Showkat’s sister Fancy Bano told The Wire, “We are suffering enormously, we want justice for him. I know for a fact that he has not done anything wrong and he has not done anything to deserve this.”

Their hope is fading amid the legal delays. She added, “We were hoping for a favourable decision, we have even gone on to state that if he has done anything wrong we would ask for forgiveness and issue an apology. The case against him is putting his future and our lives on the line.”

Their lawyer is consistently arguing that the sections invoked against the students were harsh. “In the Balwant Singh vs the State of Punjab, the Supreme Court ruled that mere words and phrases, no matter how distasteful, do not amount to criminal offence unless they are used to incite mobs for violent action. Moreover, Pakistan has not been declared an enemy country by the government.”

https://thewire.in/rights/kashmiri-students-in-agra-jail-for-over-two-months-bail-plea-goes-unheard
 
After the Indian cricket team lost in the T20 World Cup match to Pakistan last October, three Kashmiri students in Agra Showket, Arsheed Yusuf, and Ini-yat Altaf were accused of celebrating the win of the Pakistan cricket team, following with the three were suspended by college authorities.

After the Indian cricket team lost in the T20 World Cup match to Pakistan last October, three Kashmiri students in Agra were accused of celebrat-ing the win of the Pakistan cricket team, following with the three were suspended by college authori-ties.

Coming from economically backward families, the trio were studying under PM’s scholarship scheme (PMSSS) at Raja Balwant Singh Engineer-ing College in Agra.

However, three days later, Showket, Arsheed Yusuf, and Iniyat Altaf were booked under sedition by the Uttar Pradesh Police and were arrested fol-lowing a right-wing activist’s complaint.

The trio were booked by Uttar Pradesh Police booked under IPC sections of 121 (A) (sedition) 153-A (promoting enmity between different groups) and 505 (1)(B) (with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public), and 66-F (cyber terrorism, an offence that could lead to a life sentence) of the Information Technology Act.

Aftermath the arrest In order to meet their jailed son, Showket’s family had to sell their cow, the family’s sole income source. “We have nothing, I was spending everything on the child’s education,” Showket’s mother Hafeeza told Maktoob.

Arsheed’s family too is struggling. Being a widow for about 20 years, Haneefa Bano’s sole hope was Arsheed. Now, she is left alone with two daughters younger to jailed Arsheed.

A relative of Arsheed, Bilal Ahmad said that only people in blood relation are allowed to meet them in the jail.

Bailing out Inayat is also a struggle for his car-penter father. One of his relatives said that they had met Inayat a few times in Agra jail, but due to COVID-19 restrictions, they couldn’t meet him for the past few days.

He also said that, when they call they’re only al-lowed to talk in Urdu, “they are not allowed to talk in Kashmiri on call.”

The tale of selling and struggling Showket’s fa-ther had to visit Agra thrice to meet their son. In order to meet the expenses, they had to sell their cow for Rs 60,000.

The legal procedures have taken a mental and financial toll on the family. “We used to sell milk of the cow. And it was a great help to run the family, and now with the cow gone it has become harder than ever before,” Shaban said.

On 29 October, last year, the family of Showket Ahmad had staged a protest at Press Enclave Srina-gar and demanded the release of their jailed son.

Madhuvn Chaturvedi, the lawyer through APCR, who is fighting the case, said that the bail application of the trio was listed on 23 December, on article no. 72, but the cases couldn’t be heard till the number and the hearing got Passover.

Chaturvedi said that the virtual hearing of Pass-over cases of 22 December is going on and there are chances that the Passover cases may be listed on Monday.

He said that the application has also been filed in Allahabad High Court about the transfer of the case from Agra, which is listed on 29 January.

He said that there was no lawyer ready to assist them. “There couldn’t be a peaceful hearing because of the local councilors,” he added.

“The Bail application is expected to be decided in the upcoming week,” Chaturvedi said on 21 Janu-ary. Letters to PM Jammu Kashmir Students Association (JKSA) has written to Prime Minister Modi to drop cases of sedition and FIR against three Kashmiri students.

JKSA also arranged a lawyer for them through the Association for Protection of Civil Rights (APCR) when no lawyer in Agra was ready to take up their case.

The Association’s Spokesperson Nasir Khue-hami told that “there is great pressure on Police by UP govt, Yogi has a tough stance on what they call the objectional content.”

He also said that “the trio are booked under se-dition and it’s obvious that you can’t expect their release in a few days or weeks.”

Nasir said that elections are going on and the government will use them as scapegoats for their political mileage. “I met four MP’s in Delhi to raise their issue with Home Minister Amit Shah,” he said.

Former Chief Minister of Jammu and Kashmir Mehbooba Mufti in a letter to Prime Minister Modi wrote: “A friendly cricket match between India and Pakistan that was solely a source of entertainment for people here bruised by incessant lockdowns, internet gag and restriction on the movement led to booking youngsters under draconian UAPA for simply choosing to cheer the winning side.”

“Despite the college’s own admission that they didn’t engage in any activity that might be con-strued as anti-national,” the letter pointed out.

It further reads, “Our brightest young people pursuing professional courses like MBBS were targeted and slapped with anti-terror laws.”

“I’ve written to the Prime Minister about the re-cent arrest of Kashmiri students in Agra on charges of sedition. Hope he intervenes so that they are re-leased soon,” Mehbooba Mufti said in a tweet in October last year.

About Mehbooba’s letter to PM, Bilal Ahmad, kin of jailed student expressed disappointment over lack of progress on it. “It’s been three months, why aren’t they released,” Bilal shared his disappointment.

https://pakobserver.net/90-days-in-jail-for-cheering-cricket/
 
Three months after it arrested three Kashmiri students in Agra for allegedly celebrating the Pakistan cricket team’s victory over India on social media, the Uttar Pradesh police has charged them with cyber terrorism, sedition, promoting enmity between different groups and making statements likely to cause alarm to the public. The chargesheet was presented to the Agra chief judicial magistrate’s court on Tuesday.

The Agra court took cognisance of the matter in an order dated January 27, signalling that prosecution could start.

The three students continue to languish in an Agra jail, denied bail by the court. Their lawyer, Madhuvan Dutt Chaturvedi, said they are now in “illegal custody”. Since the chargesheet included offences against the state, it needed government sanction certifying that the the prosecution could proceed.

“Section 196 of the Criminal Procedure Code [prosecution for offences against the State and for criminal conspiracy to commit such offence] provides that no court shall take cognisance of these offences except with the previous sanction of the state government or the central government as the case may be,” Chaturvedi said.

The sanction was missing in this chargesheet, he said, without which the investigation could not be considered complete even 90 days after the arrest. According to established procedure, he pointed out, this should have paved the way for statutory bail.

The arrest

Three days after Pakistan beat India in a cricket world cup match on October 24, Arsheed Yusuf, Inayat Altaf Sheikh and Showkat Ahmed Ganai were arrested by the police after a Bharatiya Janata Party youth wing leader filed a complaint.

The three Kashmiri students were beneficiaries of the Prime Minister’s Special Scholarship Scheme, meant for students from economically weaker sections in Jammu and Kashmir. They were pursuing a course in civil engineering at Agra’s Raja Balwant Singh Engineering Technical College. A day after the match, the college authorities suspended the trio after finding “objectionable content” in their WhatsApp messenger statuses.

Members of the BJP’s Yuva Morcha, as well as other right-wing groups, also accused the Kashmiri students of chanting “anti-national” slogans. In protests held at the college campus, they demanded stricter action against the students.

After BJP’s complaint, the Agra police registered a first information report against the three students. Among other offences, the FIR booked the three students for “cyber terrorism” under Section 66F of the Information Technology Act. According to this law, cyber terrorism is an offence intended to “threaten the unity, integrity, security or sovereignty of India or to strike terror in the people” by “denying… access to any person authorised to access computer resource” or by trying “to penetrate or access a computer resource without authorisation.”

The students were eventually arrested on October 27 and remain in custody. Their families have struggled to bail them out. The three Kashmiris faced a hostile legal fraternity in Agra after several lawyers’ associations decided not to provide legal help to the accused students. When they were presented at a local court in Agra for the first time on October 28, the students were heckled by the BJP youth wing and some lawyers. The families eventually had to hire a lawyer from neighbouring Mathura district to represent their kin.

No government sanction

The courts have not helped with the bail process either. On January 25, as the police presented its chargesheet, Chaturvedi moved a bail application in the Agra court, citing section 167 (2) of the Criminal Procedure Code, which grants the right to default bail after 90 days if the investigation had not been completed. The police chargesheet was incomplete without the state government’s sanction, the application said.

“But the court rejected it without mentioning our averment properly,” Chaturvedi explained.

He added that the cognisance order, issued on January 27, mentioned that the police had applied for the state government’s sanction, and that whenever it was granted, it would be submitted along with the supplementary chargesheet.

According to a 1954 judgment of the Gauhati High Court, the state government’s sanction is required to ensure that prosecution takes place only “after due consideration”, when the “sanctioning authority is satisfied that there is a proper case to put the party on trial”.

However, the January 27 order outlines the next stages of the case. “The order mentions steps which are to be followed after cognisance is taken,” said Chaturvedi. “The question is how does the court know that the sanction will be granted by the state? The state may deny sanction. What will happen then? Therefore, the custody of my clients, after the period of 90 days, is completely illegal.”

He said they were likely to challenge the cognisance order in the Allahabad High Court. Two petitions in the same matter are pending in the high court. One is a bail application by the families of the three students – so far, the bail hearing has been postponed at least eight times. The second application, also filed by the families, seeks the court’s direction to shift the case out of Agra to some other part of Uttar Pradesh.

The Agra court, he pointed out, took cognisance of the case a day after Republic Day, which celebrates the Indian Constitution. “The pious guarantee of personal liberty in the constitution has been ignored in this case,” he remarked.

https://scroll.in/article/1016166/i...tudents-held-in-an-agra-jail-for-three-months
 
The Allahabad High Court recently transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.

The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their counsel submitted before the Court that the District Bar Association, Agra has made a resolution that they will not defend the case of applicants.

They also annexed the cutting of newspapers in this regard and expressed their inconvenience in the trial at Agra.

Following this, considering the submission of the applicants and keeping in mind the facts and circumstances of the case, the Court found it appropriate to transfer the Case.

"Case Crime No. 675/2021, under Section 153A, 505(1)(b), 124A I.P.C. and Section 66F of Information Technology Act, P.S.-Jagdishpura, District- Agra, is recalled and transferred from court of C.J.M., Agra to court of C.J.M., Saharanpur for disposal in accordance with law," the bench's operative part of the order reads.

It may be recalled that the three students, Arsheed Yusuf, Inayat Altaf Sheikh, and Showkat Ahmed Ganai, who are all students of an engineering college in Agra and were arrested on October 27 by Agra Police, were granted bail in the case last year by the High Court.

The background of the case

The three were booked under IPC Sections 124 A (sedition), 153-A (promoting enmity between different groups) and 505 (1)(B) (with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public), and 66-F of the Information Technology Act for allegedly sending WhatsApp messages "against the country" after the match.

It may be noted that the Applicants had moved directly to the High Court with their bail plea and they did not move any application before the Agra Court, as reportedly the lawyers' association in Agra had refused to represent them.

Along with the bail plea, the students had also moved an application seeking a transfer of the trial of the case from Agra to Mathura Judgeship. In this regard, their application had averred thus:

"…the right to get legal assistance as well as fair and impartial enquiry/ investigation to such an accused as guaranteed under Article 21 of the Constitution of India and the entire bar of Agra judgeship is not ready to appear on behalf of the applicants before the court and defend the case on their behalf by filing bail application, thus under such circumstances, the applicants have no other remedy except to seek transfer of their case"
Appearances:

Counsel for Applicant: Santosh Kumar Singh, A.K. Mishra

Counsel for Opposite Party: G.A.

Case title - Inayat Altaf Shekh And 3 Others vs. State Of UP and Another [TRANSFER APPLICATION (CRIMINAL) No. - 308 of 2021]

Case Citation: 2023 LiveLaw (AB) 69

https://www.livelaw.in/news-updates...-t20-win-against-india-agra-saharanpur-221968
 
We have to accept the fact that Kashmiri muslims will always support Pakistan over India. They hate India, and love Pakistan. The sooner we accept it, the better. Even I'd be furious at any non Kashmiri muslim in India supporting Pakistan over India, but if the person is a Kashmiri muslim, it's business as usual, and it doesn't disappoint me.
 
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