India

MEERUT: Nearly 15 months after 3 Kashmiri students of an engineering college in Agra were jailed for presumably celebrating the Pakistan cricket teams triumph over India in a T20 World Cup cricket match, their case file has reached Saharanpur on the orders of the Allahabad high court as legal representatives in Agra have refused to fight for them.The implicated, after legal representatives in Agra revealed they would not represent the Kashmiri youth, some even physically attacking the trainees in court premises, had actually petitioned the Allahabad HC to move the case to a place outside Agra.

On January 11 this year, the HC passed an order, a copy of which is with TOI.

that stated: District Bar Association, Agra, has actually made a resolution that they will not protect the case of the applicants.

The cuttings of newspapers have been annexed ...

Applicants are implicated of sedition and feeling trouble in the trial at Agra (sic).

Considering their submission and remembering the facts and situations, it would be proper to move today case.

It even more stated: Case (crime number 675/2021) under area 153A (promoting enmity on the grounds of religious beliefs, race, and so on), 505 (1 )(b) (blood circulation of rumour or report with malafide objectives), 124A (sedition) and section 66F of Information Technology Act, is recalled and transferred from court of CJM (chief judicial magistrate), Agra, to court of CJM, Saharanpur, for disposal in accordance with law.

Confirming the development, president of Saharanpur Bar Association, Arvind Kumar, said, To get justice is every citizens right.

An FIR was lodged versus the 3 trainees-- Arsheed Yusuf, Inayat Altaf Sheikh and Shaukat Ahmed Ganai (all in their early 20s)-- for supposedly publishing a WhatsApp status praising the Pakistan gamers, and they were sent to prison in Agra on October 27, 2021.

They got bail from the HC 6 months later.

A sedition case was also slapped against them.Mathura-based lawyer, Madhuvan Chaturvedi, who eventually took up their matter, told TOI that the case was already set aside due to a technical flaw .

Chaturvedi included: The prosecutions case was set aside by the court as arrangement of CrPC 196 was breached.

This area mentions that no court can take cognisance of an offense punishable under 153A or 124A, and so on, other than with the previous sanction of the state or Centre.

And in this specific case no such sanction was taken.

The order was offered by the court of extra district and session judge on April 16, 2022.

The legal representative further said, In May, there was another advancement.

The Supreme Court suspended all criminal trials under sedition in the nation.

Hence, the case was technically quashed.

For whatever reason, a final closure is yet to take location as the file has not been consigned to the record space.

Now with the case reaching Saharanpur court it is expected the file will be consigned soon and sureties (of Rs 2 lakh each) discharged.

UP president of J&K Student Union, Manzoor Wani, said, Out of three students only Shaukat Ganai is continuing his studies while the other 2 have abandoned their education, primarily for two factors-- firstly, each of them had to spend Rs 10-12 lakh to get out of this mess and all of them are from bad families.

The other 2 are scared to return to Agra.

Our modest submission is that now that the court has set aside the case, if a closure report is filed, all three will have the ability to get the release of the surety bond of Rs 2 lakh each.

We hope that after the case has actually come to Saharanpur, the closure will accelerate as they are yet to get a clean chit.

One of the accused students, Shaukat, informed TOI: We had to sell our land and all belongings to eliminate the case.

I continued my studies.

I was a topper in my college and was in the last year of BTech.

But the other two were not so fortunate.





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