HC Dismisses Govt’s Appeal Against Acquittal in 2012 UAPA Poster Case

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has dismissed a government appeal challenging the acquittal of a south Kashmir man who had been booked under the Unlawful Activities (Prevention) Act (UAPA) in a 2012 case related to poster-pasting by the proscribed militant outfit Hizbul Mujahideen.

According to a report in Daily Excelsior, the Division Bench comprising Justice Sanjay Parihar and Justice Sanjeev Kumar upheld the verdict of the Special NIA Court in Anantnag, which had acquitted Ghulam Mohammad Lone of Srigufwara village on February 20 last year.

Lone had been booked under the UAPA on September 8, 2012, following an investigation into posters allegedly put up by Hizbul Mujahideen, threatening elected panches and sarpanches with dire consequences if they did not resign.

In its eight-page order passed on July 31, the High Court observed that the content of the posters did not fall within the definition of “unlawful activity” under Section 2(o) of the UAPA.

Quoting the ruling, Excelsior reported the bench as saying, “It is evident that for an act to be termed as ‘unlawful activity,’ it must be one which is intended to or supports any claim to bring about the cession or secession of a part of the territory of India, or incites individuals or groups towards such cession or secession.”

The bench noted that the writings on the offending posters were aimed solely at intimidating local elected representatives and not at questioning or disrupting India’s sovereignty or territorial integrity.

“Such words in writing cannot be said to be intended to bring about cession or secession… nor do they disclaim or disrupt the sovereignty and territorial integrity of India. These words also cannot be understood to cause or intend to cause disaffection against India,” the court held.

The judgment further stated that the ingredients of Section 13 of the UAPA were not made out, and that the trial court ought to have discharged the accused of those charges. While it observed that an appropriate charge under the Ranbir Penal Code (RPC) could have been framed, the High Court refrained from sending the matter back for retrial, citing the prolonged legal ordeal already faced by the accused.

“We could have remanded the matter back… but having regard to the fact that the respondent has already faced the ordeal of trial for more than eight years, it would not be appropriate to do so,” the court said, adding that the appeal lacked merit and was accordingly dismissed.

The court also noted the absence of substantive evidence linking Lone to the posters. “Other than the statement of Prosecution Witness-6, who claimed that the handwriting in the posters matched a specimen taken in police presence, there was no material connecting the respondent with the preparation or affixing of the posters,” the court observed, as quoted by Excelsior.

With this, the long-standing legal proceedings against Lone have effectively come to an end.