No lawyer for Kashmiri students held on sedition charges

Three Kashmiri students studying engineering at a private college in southern India have been arrested on sedition charges and handed 14 days judicial custody after they made a video of themselves allegedly shouting pro-independence and pro-Pakistan slogans.

But there is controversy over the way the judicial custody was handed down by the local court, with the students unable to get legal representation. An activist group of lawyers is demanding the case be transferred to another court to ensure “a free and fair trial”.

In the aftermath of a major terror attack in Pulwama, Kashmir, in February 2019, a number of Kashmiri students have faced sedition charges for comments linked to the attack. These include four women Kashmiri paramedical students studying in India’s northwestern state of Rajasthan who were charged with sedition last year.

This year, on 15 February, a day after the first anniversary of the attack in which 40 Indian forces personnel were killed, three students from Kashmir studying engineering at the private KLE (Karnataka Lingayat Education Society) Institute of Technology, Hubballi (also known as Hubli) in southern Karnataka state allegedly made a video which showed them shouting “azaadi” (freedom) and saying “Pakistan” and “zindabad” (long live) a few moments apart.

A song used by the Pakistani military media wing was also purportedly playing in the background. Relations between India and Pakistan are hostile, in particularly over the status of Kashmir.

The students, who were identified as Talib Majeed, Aamir Mohi Uddin Wani and Basit Aashiq Sofi, had seats at the institution under government quotas for students from other states, based on merit.

The short video uploaded on the students’ WhatsApp social media accounts went viral. However, members of the right-wing Bajrang Dal informed the college and police about the video and, following a complaint made by the college authorities, the trio were arrested by local police on 15 February.

However, in the absence of sufficient evidence to produce the students before a court for remand, police released the students the following day on bond under Section 169 of the Criminal Procedure Code, which allows for the release of the accused due to deficient evidence. Police said the content of the video and song was still subject to investigation.

However, members of the Bajrang Dal, of the Hindu nationalist group Sri Ram Sena (Army of Lord Ram) and the Hindu cultural organisation Vishva Hindu Parishad (World Hindu Council) protested against the release, demanding stringent punishment for the students.

Sri Ram Sena Chief Pramod Muthalik, while criticising the police, called for the re-arrest of the students who allegedly “demonstrated their anti-India vitriol on the first anniversary of Pulwama attack”.

Pralhad Joshi, who is from the district and a cabinet minister in the current Bharatiya Janata Party government headed by Prime Minister Narendra Modi, also demanded stricter action against the students.

Political pressure leads to re-arrest

After mounting pressure on police, the students were re-arrested and a court in Hubballi sentenced them to judicial custody or remand until 2 March 2020.

No lawyers came forward to appear for the accused before the court. Violent scenes were reported at the court hearing on Monday, with the students ‘manhandled’ despite police protection.

Later, the 1,600 member Hubli Bar Association passed a unanimous resolution deciding that none of its members would appear as counsel for the students.

According to the Hubli Bar Association, the resolution said the accused “indulged in anti-national activities” and requested lawyers from the entire state not to represent the students.

However, the move is seen as unconstitutional by other lawyers. Fearing for the safety of the students, a group of 24 advocates in Bengaluru (Bangalore), the capital of Karnataka state, filed a public interest litigation petition in the Karnataka High Court criticising the Hubli Bar Association resolution and seeking transfer of the sedition case from Hubballi to Bengaluru city, where, they said, the students were more likely to obtain a free and fair trial.

‘Unconstitutional’ bar association resolution

They also sought the quashing of the Hubli Bar Association resolution prohibiting its members from appearing for the accused, saying the association resolution was illegal and violates fundamental rights under the Indian constitution, which states the right of detainees to be represented by a lawyer of their choice.

The Hubli Bar Association resolution “has resulted in the creation of an atmosphere of fear and intimidation due to which none of the advocates feel safe and secure to appear before the honourable court and this has had a chilling effect on advocates coming forward to represent the accused,” the petition said.

“Such actions have the effect of illegally curtailing the accused’s fundamental right to legal representation and right to fair trial,” the petition said.

The legal petition also urged the court in Bengaluru to set up a judicial committee to probe the violence at the Hubballi court grounds on the day the students appeared.

“In an utterly unacceptable, illegal and horrifying incident, some persons attempted to assault the students within the court premises itself. Visuals captured from outside the court premises showed people attempting to hit the three students, with the police trying to keep the crowd at bay,” the petition said.

One of the petitioning lawyers, Maitreyi Krishanan, said a number of lawyers were ready to represent the accused, but pointed to hostile conditions at Hubballi court.

The Jammu and Kashmir Students Association, representing a large section of Kashmiri students in many Indian states, also demanded strict action against those involved in roughing up the students at the court premises in Hubballi on Monday.

“Attacking students is a worrying factor for the students and parents. We demand punishment. These incidents may increase the sense of insecurity and anxiety among Kashmiri students studying outside [Kashmir] as well as among their parents and relatives in Kashmir,” said the association spokesperson Nasir Khuehami.

The relatives of the three accused have appealed to the government to take a lenient view of the case amid the politically charged atmosphere.