Cricket World Cup Final | Softer provisions of UAPA invoked against arrested students: Police

Srinagar, Nov 28: Jammu and Kashmir Police Tuesday said that the softer provisions of UAPA were invoked against seven students, who were booked in Ganderbal district of central Kashmir, for cheering over India’s defeat in the final of recently concluded world cup.

“The provision invoked is not about planning, aiding and executing terror acts,” the Police said, in a detailed rebuttal.
“A number of opinions and comments have been made in this respect. But the case is not merely about raising pro-Pakistan slogans but it is about the full context in which the sloganeering took place,” the Police said.

Taking to microblogging site 'X' (formerly Twitter), Ganderbal Police, wrote on its official handle, “A number of opinions and comments have been made on the legal cognisance taken of the happenings surrounding anti-India sloganeering and intimidation of others who did not agree with them in a university after the conclusion of World Cup cricket match.”

“Two relevant aspects are brought to public knowledge. First: 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 a select few bullies, were aired to intimidate those who disagreed and also to identify and vilify those who choose to keep a distance. It is also about normalising an abnormal: that everyone hates India (as different from the government of the day and party in power) ‘openly’. This abnormal and false thing is practiced mostly on the back of separatist and terrorist networks,” the post read.

“In other words, the aim is not airing personal preference of a particular sporting team. It is not 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,” it further added.

The second aspect, the Police mentioned on X, was “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,” Police said.

“Hence as per the content of the complaints, FIR No. 317/2023 stands registered and section 13 UAPA invoked for inciting and abetting the unlawful activities. Section 505 and 506 IPC too have been invoked for ‘public mischief’ and ‘criminal intimidation’ respectively,” Police wrote on ‘X’.
“It is pertinent to mention that, the FIR is lodged on the basis of written complaints received and relevant sections are invoked as per the contents of the complaint,” the post further read.

BACKGROUND:

Seven students of Sher-e-Kashmir University of Agricultural Sciences and Technology in Ganderbal district of central Kashmir were arrested for cheering over India's defeat by Australia in the recently concluded cricket World Cup.

The case, police sources said, was registered under FIR no 317/2023 after a student had complained to the police about seven final year students of SKUAST-K (Humhama campus) that he was threatened by them with dire consequences after Australia defeated India in the men's cricket World Cup 2023 final on November 19.

Inspector General of Police, Kashmir, V K Birdi had told Greater Kashmir that a case was registered a day after the final match.

“The police are investigating the case. Sections of law corresponding to ingredients of offences have been invoked under UAPA and IPC,” he said.