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Three Kashmiri students of an Agra engineering college who are in jail since October 27, 2021 on charges of sedition have moved  Allahabad High Court for grant of bail. The trio had been arrested for allegedly celebrating Pakistan's victory against India in the recent T20 cricket world cup.

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 said cricket match, video of which later went viral.

In the bail petition filed on Monday, the three have also prayed that they have been forced to directly move the High Court with their bail plea as they have been denied legal assistance by different associations of lawyers in Agra.

The trio has argued that after the said cricket match, neither they made any anti-India slogan or statement nor they sent any WhatsApp messages of that kind. They have also stated that there is no criminal history to them.

Therefore, submitting that there is no evidence available against the three of them in the case diary and no offence is made out against them for Sedition or promoting enmity between communities, the three students have pleaded for their release.

An FIR was registered against the three on October 26 under section 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.

Opposing the charges leveled against them, the three students have contended that the only allegation against the applicants, is that they raised slogans Pakistan Zindabad and also slogged against India but there is no evidence what word have been used against the India.

Therefore, they have asserted that if the allegations made in the FIR are taken to be true, without admitting the same, no offence is made under IPC Sections 124A153-A, and 505 (1)(B), and 66-F of the Information Technology Act.

Also challenging the sedition charge against them, the students have said that in their case there is not even a suggestion that they did anything as against the Government of India or any other Government of the State.

The applicants have also sought transfer of their Case from Agra to Mathura court stating that after the resolution of the District Bar Association Agra that no advocate will take up their case, they cannot take proper legal assistance and in absence of that they would remain behind the bars for unlimited period.

The bail plea reads,

“In view of the resolution passed by the Agra Bar Association, none of the advocates are ready to handle the case of accused persons and provide them any type of assistance. The apex court and high court, in their legal pronouncements, saved the personal liberty of such accused persons and held that no one can be deprived of its legal assistance.”

They have also mentioned that whenever they try to contact with any of the members of Agra Bar Association, they have to face threat to their lives.

Case Title: Inayat Altaf Shekh and Ors. V. State of UP