Karnataka HC observed that no prime facie case of sedition will be made out against three Kashmiri students arrested for raising pro- Pak slogans in Hubli in the month of February.
Justice G Narendar observed “Prima facie the complaint does not disclose any material which could be considered as an ingredient constituting the offence as against the petitioners.”
Justice Narendar said
“It is fairly admitted by the high court government pleader that the petitioner – students are sponsored on scholarship by the Central Government. If that be the fact, it is surprising that the said fact has not been appreciated by the trial court in its true perspective. The prosecution has to look at a larger picture and attempts being made by the Central government to ensure integration of that class of people into the mainstream.” It is not in dispute that the accused are all in their teens or immediately out of their teens. It would have been a more responsive effort if the complainant had made an effort to counsel the accused and made them realize the purpose for which they are here. That the very fact that the accused have been sponsored on a scholarship by the Central Government, would demonstrate the fact that they are all people with roots and their background is vetted by none else than the Union Government. Merely on account of a perception by a group construing the alleged to be of an offensive nature, it ought not to have negated the efforts being made by the Union Government. It is sad to see that the larger perspective has been lost on account of shortsighted actions”
The three accused –Basit Aashiq Sofi, Talib Majeed, and Amir Mohi Uddin Wani – have been under custody since February 17. The Hubli bar association passed a resolution and stated that no member of their association shall be accused of “anti-national activities”
Chief Justice Abhay Oka had directed Hubli Police Commissioner to provide police protection to advocates from Bengaluru, who were desirous of representing the accused on Feburary 24. On February 25, the advocates of the accused were assaulted, when they had approached the Dharward court seeking bail for the Kashmiri students. The resolution was later withdrawn after the Karnataka High Court came down heavily on the Association for acting against the professional ethics and constitutional duties of advocates.
On March 9, Judge Gangadhara K N of the Additional Sessions Court, Hubli had denied them bail observing that
“The safety and security of this Country gets priority over all. We must allow the investigation agency to do its job without any body’s intervention, by considering the nature of the allegation, until completion of the Investigation, the petitioners are not entitled for the bail as prayed therein, even on any ground they are not made out of the grounds to grant the bail.”
