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Granting bail to three Kashmiri students jailed for allegedly hurling pro-Pakistan slogans post T20 cricket world cup last year, the Allahabad High Court on Wednesday observed that the unity of India cannot be threatened with mere slogans. 

The bench of Justice Ajay Bhanot said, "The unity of India is not made of bamboo reeds which will bend to the passing winds of empty slogans. The foundations of our nation are more enduring. Eternal ideals bind the indestructible unity of India."

Further, stressing the need of a balanced environment when it comes to the issue of students from one State going to another for studying, Court said,

"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. It is the duty of the people of the hosting State to create enabling conditions for visiting scholars to learn and to live the constitutional values of our nation. It is also the obligation of the young scholars to imbibe and adhere to such values."

Significantly, the bail applications of the 3 students who are studying in a college at Agra were directly dealt by the high court under exceptional circumstances. It is alleged that the Agra District Bar Association had passed a resolution for not providing any legal assistance to the applicants and they were also assaulted in the District Court at Agra.

Regarding this Court noted, 

"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. 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."

Advocate Ramesh Chandra Yadav assisted by Adv. Santosh Kumar Singh along with Adv. Sudhakar Yadav appearing for the students had contended that the students were falsely implicated and the case was in fact the result of student rivalries over trivial issues. 

Stating that the students are young with a bright future, he had argued that the trial is moving at a snail's space and is not likely to conclude any time soon and this inordinate delay in the trial will lead to their indefinite detention. He had further stressed that the students have no criminal history apart from the instant case.

On the other hand, the Additional Government Advocate for the State had asserted that the State has always welcomed students from all parts of the country with open arms but students cannot exhibit disloyalty to the country and spread disharmony in the society.

However, finding merit in the submissions of the counsels representing the students, Court held that the students were entitled to be enlarged on bail.

Accordingly, Court ordered that the accused students namely Inayat Altaf Shekh, Shokat Ahmad Gani and Arsheed Yusuf be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case Title: Inayat Altaf Shekh And 2 Others v. State Of U.P.