The Allahabad High Court on Thursday observed that three Kashmiri students, who were arrested in Uttar Pradesh in October, were falsely implicated in a case that resulted from “rivalries over trivial issues”.
The court made the observation in its bail order to the students who were arrested in Agra district for celebrating Pakistan’s victory against India in a cricket match.
Arsheed Yusuf, Inayat Altaf Sheikh and Showkat Ahmed Ganai were arrested three days after Pakistan beat India in a T20 World Cup match on October 24. They were arrested on the basis of a complaint filed by a Bharatiya Janata Party youth wing leader.
The three Kashmiri students were pursuing a course in civil engineering at Agra’s Raja Balwant Singh Engineering Technical College. A day after the match, the college authorities had suspended them for posting “objectionable content” as their status on WhatsApp.
The court on Thursday said that the applicants did not raise anti-India and pro-Pakistan slogans. “The applicants are responsible Indian citizens who hail from the State of Jammu and Kashmir which is the very embodiment of Indian values,” the order stated.
It added that it was the duty of the state to enable conditions for visiting scholars to live as per values prescribed in the Constitution.
“Students travelling freely to different parts of the country in the quest for knowledge is the true celebration of India’s diversity and a vivid manifestation of India’s unity,” the court said in the order. “It is also the obligation of the young scholars to imbibe and adhere to such values.”
The court said that the trial in the case was moving slowly and could result in indefinite detention of the students.
“Learned counsel for the applicants contends that the applicants do not have any criminal history apart from the instant case,” the order stated.
In the bail order, the court also remarked on the instance of the lawyers’ associations urging their members to not represent the Kashmiri students.
“The Court does not propose to enquire into this allegation at this stage since it is better to enlarge the applicants on bail and cut the controversy short,” the order said.
It added: “However, the Court feels that if the allegations are true, it is a matter of concern. Lawyers have an oath inscribed in their consciences to assist the cause of law under all circumstances and to serve justice to all those who seek it at all times.”
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