The High Court of Jammu and Kashmir and Ladakh has set aside the discharge of an accused in a 2013 UAPA case, observing that secessionist slogans raised by a mob in the presence of the head of a banned separatist organisation could, at first sight, amount to unlawful activity.
A division bench headed by Acting Chief Justice Sanjeev Kumar overturned the discharge order passed by the Additional District and Sessions Judge, who was hearing cases under the NIA Act at the designated special court in Kupwara. Click Here To Follow Our WhatsApp Channel
The case concerns Mohammad Yousuf Lone, who was accused of leading a mob that allegedly raised secessionist and anti-national slogans in Kupwara in November 2013.
According to the chargesheet, Lone and late separatist leader Syed Ali Shah Geelani, who was then chairman of the banned Hurriyat Conference, were allegedly involved in leading a gathering that came out of Jamia Masjid in Kupwara on November 8, 2013.
The prosecution alleged that the group raised slogans against the Government of India and pelted stones at police and security forces.
The chargesheet also alleged that separatist leaders attempted to incite people against the sovereignty and territorial integrity of India.
In its recent order, the High Court observed that the alleged sloganeering, the accused’s role in leading the mob and the violence against security forces were sufficient, at the preliminary stage, to bring the case within the scope of unlawful activity under the Unlawful Activities (Prevention) Act.
The court particularly criticised the trial court for discharging the accused without giving detailed reasons.
The High Court noted that the trial court had simply stated that the facts did not fulfil the requirements of Section 2(o) of the UAPA, without properly examining the specific allegations and evidence contained in the chargesheet.
According to the bench, such a finding amounted to a conclusion rather than a reasoned judicial assessment.
The court said the material presented by the prosecution, including the alleged slogans, the accused’s leadership role and the violence that followed, created a strong enough suspicion for the matter to proceed to trial.
It stressed that whether the allegations can ultimately be proved is a matter for the trial and should not be decided at the initial stage.
The High Court also pointed out that an order of discharge must show that the court has applied its judicial mind to the material placed before it.
While the assessment at the stage of framing charges is limited, the court said it cannot simply reach a conclusion without examining whether the allegations satisfy the relevant provisions of the law.
The bench said the trial court had failed to properly consider the chargesheet, witness statements relating to the procession, the site plan and other material allegedly connecting the accused with the incitement and subsequent violence.
For this reason, the High Court held that the discharge order could not stand.
At the same time, the bench made it clear that it was not deciding whether Mohammad Yousuf Lone is guilty or innocent.
The court said it was also not expressing any final opinion on the merits of the prosecution case.
Instead, it observed that when the material placed before a court appears to disclose the commission of an offence and the involvement of an accused, the trial court cannot prevent the case from proceeding without providing valid legal reasons.
Allowing the criminal appeal filed by the state, the High Court ordered that the chargesheet be restored.
It further directed the trial court to reconsider the matter and proceed with the framing of charges afresh, after examining the material placed before it by the prosecution.
The ruling therefore does not amount to a conviction. It means that the accused will now face the next stage of the legal proceedings, where the allegations against him will be examined in accordance with law.
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