BY : PRAGATI GOYAL
Three Kashmiri students from institute of technology (KLE) were arrested for saying Pakistan Zindabad in a video and also they were singing the song which Pakistani army used to sing in which they were also singing the same song and shouting the words “Zindabad”, “Pakistan” and “Azadi” as part of the song’s chorus. The video goes viral and it was protested by Bajrang Dal on 15th February and demanded that the students should be fired from the campus. The F.I.R was registered against the three students named Basit Aashiq Sofi age 22 years, Talib Majeed age 20 years and Amir Mohi Uddin Wani age 20 years and were arrested. On the very same day the hubballi bar association had passed the resolution that its members would not take charge to deal with the case from students’ side and later on 24 lawyers in Bangluru challenged the resolution in the high court and on 20 February 2020 the respective High Court stated that it is the against the principles of natural justice and infringement of the accused rights. After the order passed by the Hubli court Dharwad bar association members decided to take the case of the accused on 24th February 2020 and after this high court ordered the police to provide the protection to the delegation of lawyers who are desirous to represent the accused and for the bail application.
On 27th February 2020 the plea was filed from the accused side to grant them bail and the hubli court extended the hearing on 2nd march 2020 to 7th march as the police informed the court that the safety of the three accused is in danger and the bail was denied. The accused said that they are residing in the hostels as they belong to Kashmir and also they have to focus on their studies for the semester examination. Also they said that they are innocent and didn’t commit any crime and said that whenever they would be called by the investigating officer they would be present there at any time. But these grounds were not found to be reasonable and also it was said against these grounds that the act done by the three students is against the national integrity and it may even cause chaos among the people and may lead to traitor. And secondly as the students are from Jammu and Kashmir it would be difficult to manage their security and to present them before the investigating officer timely if bail would be granted. By hearing all the facts from both the sides the court denied to give them bail.
Question of law:
In this case the question is arising on the advocates who took this case personally and resolution passed by them that they would not represent their case. They are well trained and aware of all the provisions of Indian law but still they are violating the natural justice. Here the hubli court perform its duty very well in both the scenarios one denied to grant the bail and secondly give orders to deal with the matter of their own and to provide protection to lawyers. Here only granting of the bail is denied still final decision of the case is still pending. The video as the evidence clearly shows their wrongful act of sedition but the court had ordered the investigation department to investigate the case without any boundations.
Here we can conclude that when it comes to national integrity and security each state have to be more careful and it is well proved by the action of Habuli court. It ordered to provide the security to the lawyers and it is the good decision for not giving them bail. If it would be granted then there were the great chances of traitorism and chaos and then it would became difficult for the state to maintain its position back. Now we have to see for the further decision taken by the court whether the three students would be proved guilty or they would be exempted.