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Allahabad HC Transfers Case Against J&K Students Accused Of Celebrating Pakistan's T20 Win Against India From Agra To Saharanpur
Sparsh Upadhyay
19 Feb 2023 1:27 PM GMT
The Allahabad High Court recently transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their...
The Allahabad High Court recently transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.
The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their counsel submitted before the Court that the District Bar Association, Agra has made a resolution that they will not defend the case of applicants.
They also annexed the cutting of newspapers in this regard and expressed their inconvenience in the trial at Agra.
Following this, considering the submission of the applicants and keeping in mind the facts and circumstances of the case, the Court found it appropriate to transfer the Case.
"Case Crime No. 675/2021, under Section 153A, 505(1)(b), 124A I.P.C. and Section 66F of Information Technology Act, P.S.-Jagdishpura, District- Agra, is recalled and transferred from court of C.J.M., Agra to court of C.J.M., Saharanpur for disposal in accordance with law," the bench's operative part of the order reads.
It may be recalled that the three students, Arsheed Yusuf, Inayat Altaf Sheikh, and Showkat Ahmed Ganai, who are all students of an engineering college in Agra and were arrested on October 27 by Agra Police, were granted bail in the case last year by the High Court.
The background of the case
The three were booked under IPC Sections 124 A (sedition), 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), and 66-F of the Information Technology Act for allegedly sending WhatsApp messages "against the country" after the match.
It may be noted that the Applicants had moved directly to the High Court with their bail plea and they did not move any application before the Agra Court, as reportedly the lawyers' association in Agra had refused to represent them.
Along with the bail plea, the students had also moved an application seeking a transfer of the trial of the case from Agra to Mathura Judgeship. In this regard, their application had averred thus:
"…the right to get legal assistance as well as fair and impartial enquiry/ investigation to such an accused as guaranteed under Article 21 of the Constitution of India and the entire bar of Agra judgeship is not ready to appear on behalf of the applicants before the court and defend the case on their behalf by filing bail application, thus under such circumstances, the applicants have no other remedy except to seek transfer of their case"
Appearances:
Counsel for Applicant: Santosh Kumar Singh, A.K. Mishra
Counsel for Opposite Party: G.A.
Case title - Inayat Altaf Shekh And 3 Others vs. State Of UP and Another [TRANSFER APPLICATION (CRIMINAL) No. - 308 of 2021]
Case Citation: 2023 LiveLaw (AB) 69
