Allahabad HC Transfers Case Against Kashmiri Students Jailed For Cheering Pakistan Post T20 World Cup From Agra To Saharanpur
The accused persons alleged that they were unable to get proper legal assistance at Agra as the District Bar Association there had passed a resolution that no lawyer will represent them.
The Allahabad High Court has recently allowed the case transfer application moved by three Kashmiri students of an Agra engineering college who were arrested on October 27, 2021, on charges of sedition. Court transferred the case from the court of Chief Judicial Magistrate (CJM), Agra to the court of CJM, Saharanpur.
The allegations against Arsheed Yusuf, Inayat Altaf Sheikh and Showkat Ahmed Ganai are that they raised slogans ‘Pakistan Zindabad’ and slogged against India post Pakistan’s victory in the T-20 cricket world cup; a video of which later went viral.
An FIR was registered against the accused persons on October 26 under Sections 153-A (promoting enmity between different groups) and 505 (1)(B) (with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of Indian Penal Code, and 66-F of the Information Technology Act after video showcasing them vent viral. However, the investigating officer added IPC Section 124 A (sedition) later on and arrested the three on October 27.
In November 2021, when the accused persons moved their bail pleas before the high court, they also sought transfer of their Case from Agra to Mathura court.
They alleged that the Agra Bar Association had passed a resolution that no lawyer will represent them. Therefore, they sought transfer of their case to another court stating that after the resolution of the District Bar Association Agra, they could not take proper legal assistance and in absence of the same they would remain behind the bars for an unlimited period.
Considering the submission of the applicants and keeping in mind the facts and circumstances of the case, the single-judge bench of Justice Om Prakash Tripathi allowed their plea and transferred the case.
The Agra Police has filed the chargesheet against the three accused before the Chief Judicial Magistrate Court, Agra. The court also passed an order in January 2022 taking cognizance of the chargesheet.
Case Title: Inayat Altaf Shekh And 3 Others v State Of UP and Another
Statute: Section 153A, 505(1)(b), 124A of IPC and Section 66F of Information Technology Act