Srinagar, Sep 9: The High Court of Jammu and Kashmir and Ladakh has set aside the discharge of an accused in a UAPA case stating that secessionist sloganeering in a mob in the presence of the head of a banned separatist organisation prima facie falls under the definition of unlawful activity.

A division bench headed by acting Chief Justice Sanjeev Kumar set aside the discharge of Mohammad Yousuf Lone in a 2013 UAPA case by the Additional District and Sessions Judge (Designated Special Court under NIA Act) Kupwara.

“The sloganeering for secession, raised by an accused leading a mob in the company of the head of a proscribed separatist organisation, coupled with incitement of the public and violence against security forces, is capable, on a prima facie appreciation, of falling squarely within this definition,” the bench observed in its order.

According to the case, a mob headed by Mohammad Yousuf Lone and Late Syed Ali Shah Geelani, chairman of the banned Hurriyat Conference, came out of Jamia Masjid in Kupwara on November 8, 2013, raised anti-national slogans against the Government of India, and pelted stones at police and security forces.

The separatist leaders also allegedly instigated the general public against the sovereignty and territorial integrity of the Union of India, according to the chargesheet.

“The trial court has recorded, in a single sentence in paragraph 6 of the order impugned, that the facts ‘do not fulfil the ingredients of Sections 2(o) of ULA(P) Act’ without setting out the reasoning by which the specific statements or conduct attributed to the respondent in the chargesheet were tested against the statutory definition. This amounts to a bare conclusion rather than a reasoned finding,” the high court said.

It said the material with chargesheet — including the recorded slogans, the leadership role attributed to the respondent, and the resultant violence — discloses a strong suspicion sufficient to put the respondent on trial, leaving the question of whether the charges are ultimately proved to be examined at trial and not foreclosed at the threshold.

“It is trite that an order of discharge must reflect application of judicial mind to the material on record, and that the findings at the charge stage, though summary, cannot be conclusory. However, it is abundantly clear from perusal of the order impugned that the same does not indicate that the specific contents of the chargesheet, the statements of the witnesses to the procession, the site plan, and the material, alleged to link the respondent to the incitement and the resultant violence, were tested against the ingredients of Section 13 read with Section 2(o) of the UAPA before the conclusion of non-applicability was recorded. On this ground, the order impugned is unsustainable and calls for interference,” it added.

The court said it is neither making any definitive finding on the guilt or innocence of the respondent, nor expressing any opinion on the ultimate merits of the case.

“However, when specific material is brought on record that, on the face of it, discloses the commission of an offence and the complicity of the respondent, the trial court cannot act as a mute spectator and shut the doors of trial without assigning valid legal reasons,” it added.

Allowing the criminal appeal filed by the state, the high court directed that the chargesheet be restored and the trial court proceed with the framing of charge against the respondent afresh after considering the material placed on record by the appellant.

Srinagar, Sep 09: National Conference leader and MLA Salman Sagar on Wednesday apologised on behalf of party colleague Tanvir Sadiq over his controversial remarks that, during the time of party founder Sheikh Mohammad Abdullah, poverty in Kashmir was so severe that an entire village would sometimes share a single pair of trousers.

“If anyone’s sentiments have been hurt, or rather, if the majority of people feel that Tanvir Sadiq Sahib said something wrong, then I believe there should be an apology,” Sagar said.

He said Sadiq’s remarks were not intended to demean Kashmiris, but were meant to highlight Sheikh Abdullah’s efforts towards the economic empowerment of the people.

“What he meant was that Sheikh Abdullah had made efforts towards the economic empowerment of the people here,” Sagar said, referring to education, infrastructure and land reforms.

Srinagar, Sep 09: Renowned Bollywood actor and filmmaker Akbar Khan has hailed the first-ever film festival in Srinagar, saying the event has the potential to grow into an international cultural landmark and eventually compete with the Cannes Film Festival.

Addressing a press conference in Srinagar, Khan congratulated Jammu and Kashmir Chief Minister Omar Abdullah and the organisers for what he described as a “spectacular opening festival”.

“The show was mesmerising, soulful and captured the rhythm and the purpose of this first-ever film festival in Srinagar,” Khan said, praising the musical performances at the opening ceremony.

He particularly recalled the performances of Dr Janas-e-R Akhtar, Rani and Falak, saying they “captured the mood of the festival” and “the heart of the beginning of such a beautiful initiative”.

Khan also praised Chief Minister Omar Abdullah’s speech at the inaugural event, describing it as “very heart-rendering”.

“He was so prolific, recollecting the nostalgia of the Indian film industry, the Bollywood film industry, capturing chapter by chapter, moment by moment, how the people of Jammu and Kashmir love the units and the film stars and the directors and the producers who come and make the films here,” he said.

Recalling Bollywood’s long association with Kashmir, Khan referred to films that helped establish the Valley as one of Indian cinema’s most evocative locations.

He specifically mentioned Junglee, saying the famous “Yahoo” call by Shammi Kapoor 

“had become a kind of a call of the Valley for every filmmaker to come and shoot”.
Khan said the festival had been organised in a location uniquely suited to bringing filmmakers and cultures together.

“I would say that there could not have been a better place than Srinagar to be the chosen city for such a grand first-ever film festival,” he said.

He predicted that the event would rapidly acquire an international profile.

“I feel from year to year this festival will grow from strength to strength and very soon would be in competition with the Cannes Film Festival and maybe even get better,” Khan said.

He argued that Kashmir’s landscape itself could become one of the festival’s greatest attractions.

“Because Cannes does not offer such an environment. Such a beautiful landscape,” he said. “It becomes a source of all filmmakers when they visit such a place.”

According to Khan, filmmakers attending the festival would not merely watch films from different countries but would also be inspired by Kashmir itself.

“Besides watching films of each other countries and different great directors, they also get inspired by the soul of Kashmir,” he said.

‘Cinema is the most powerful medium’

Khan placed particular emphasis on cinema’s ability to build bridges across communities and countries.

“I would like to mention that cinema is the most powerful medium that makes bridges between nations and civilisations,” he said.

“It carries across borders, stories, civilisations, culture, people from different parts of the world who interact and meet and bring out, above all, their souls to understand each other.”

He said film festivals should therefore be judged primarily on artistic and cinematic merit.

“The greatest part of a film festival is that it should be judged on merits,” Khan said. 

“Every film that is being chosen should be judged on merits, on its cinematic excellence, free of prejudice, free from the changing winds of ideology.”

He said filmmakers, actors, producers and singers should be allowed to present their artistic work without ideological interference.

“Actors, directors, producers, singers come on to a platform and present their artistic cinema, music, art, culture,” he said.

Khan also spoke at length about the responsibility of filmmakers when dealing with India’s history and communal relations.

“I am very vocal. I respect every filmmaker. Every filmmaker has the right to present his film, his ideas, but never distort history. Never distort history to serve a purpose of creating disturbance, hatred [against] one another,” he said.

He added: “Cinema which spreads hatred should be discouraged in every nook and corner of the world, especially when it is designed for a specific propaganda.”

Khan said filmmakers could portray historical figures as heroes or villains, but should not manipulate history for a predetermined narrative.

“There are people who make films on villains and heroes and give the correct perspective as it is without dabbling it, without the historians and filmmakers diverting [it],” he said.

‘Kashmir has a very distinctive identity’

Khan also spoke about Kashmir’s cultural identity, describing it as deeply rooted in Sufi traditions and communal coexistence.

“Jammu Kashmir is a very, very beautiful concept and identity. Kashmir has a very distinctive identity,” he said.

“Like every state has its lovely identity in different ways. But Kashmir has the Sufism involvement where people of all caste and creed are one.”

Describing Kashmir as “a secular centre which is mixed with warmth, love, affection”, Khan referred to Hindus, Muslims and Sikhs living together through its history.

He said India’s civilisational diversity should be preserved and reflected responsibly through cinema.

“India is one of the greatest countries, a 5,000-year-old civilisation,” he said, before invoking the historical reigns of Ashoka and Akbar.

Khan recalled his own work on historical television productions, including The Sword of Tipu Sultan and Akbar the Great, saying his intention had always been nation-building.

“I first directed the first 22 episodes of The Sword of Tipu Sultan when my brother was struck by an unfortunate hand of destiny,” he said, adding that he later made Akbar the Great.

“At that time, Sulh-e-Kul was the religion of Emperor Akbar, where every religion comes under one umbrella. Peace for all, submission to all,” Khan said.

“I made that serial Akbar the Great again for nation-building. It brought harmony amongst the Hindus, the Muslims.”

Plans to bring Taj Mahal to Kashmir

Khan also announced plans to bring his film Taj Mahal: An Eternal Love Story to Kashmir for a premiere.

“My film Taj Mahal: An Eternal Love Story, inshallah, I will bring it to Kashmir to have a premiere of the film shortly and release it all over India again,” he said.

He said the film had already begun its international journey and recalled its screening in Malaysia.

“My film Taj Mahal has already started to take its first international journey on 6th February, 2006, where the Prime Minister of Malaysia had watched the film and he wrote a review, the same with the Minister of Culture,” Khan said.

He described the Taj Mahal as a symbol of love and said he wanted that message to reach audiences across the world.

“I want that this symbol of love, Taj Mahal, should sink into the minds and heart and soul of the people of the world,” he said. “It is the greatest message and Taj Mahal is one of our greatest monuments of pride before all the country.”

Khan concluded by thanking the organisers and praising Omar Abdullah and National Conference leader Farooq Abdullah for what he described as their commitment to an inclusive society.

“I have enjoyed every moment of my stay here with the warm hospitality of every officer, bureaucrat,” he said.

He described Farooq Abdullah as “one of the tallest leaders of a country” who believes in “the inclusive society, the love and harmony of a Brahman, of a Muslim, of a Christian, and a Jain”.

Khan said the presence of both father and son in Jammu and Kashmir’s political leadership offered hope for the future.

“It is an amazing combination of a father and son and I am sure there will be great amount of peace, harmony, success and the people of Jammu Kashmir will soon be seeing a golden period,” he said.

Srinagar, Sep 09: Jammu and Kashmir Police said it has busted a terror module associated with the banned terrorist organisation Hizbul Mujahideen (HM), allegedly run by an “ex-terrorist” operating in hybrid mode in north Kashmir’s Handwara.

In a statement, an official spokesperson said that Handwara Police received reliable information regarding the activities of an ex-terrorist who was operating as a hybrid terrorist as part of a module of the banned terrorist organisation Hizbul Mujahideen (HM) in the Handwara–Kupwara area.

“Acting swiftly on the information, Handwara Police, along with 21 RR and 92 Bn CRPF, launched a joint operation at the identified location in Handwara town. Following a meticulous security drill, the accused was apprehended and identified as Manzoor Ahmad Bhat son of Mohd Sultan Bhat resident of Kruhmura Handwara,” the statement said

During his apprehension, one Chinese-made pistol, two magazines and 16 rounds of pistol ammunition were recovered from his possession, it added.

Pertainantly, as per the police statementy, the arrested individual is an ex-terrorist who had previously been arrested by Police in two cases.

A case FIR number 232 under relevant sections of law has been registered at Police Station Handwara, and further investigation is underway to establish the full extent of the module, its network and other associated activities, police said.

Srinagar, Sep 09: Lieutenant Governor Vinai Kumar Saxena on Wednesday administered the oath of office to Justice Pushpendra Singh Bhati as Chief Justice of the High Court of Jammu & Kashmir and Ladakh.

LG Saxena- who has been appointed to discharge the functions of J&K LG during Manoj Sinha’s leave -administered the oath at the Shalimar auditorium of Sher‑e‑Kashmir University of Agricultural Sciences and Technology (SKUAST), Kashmir.

The ceremony began with the rendition of the national song, followed by the National Anthem. Later, the Registrar General of the High Court read out the warrant of appointment issued by the President of India.

After the reading of the warrant, the LG administered the oath to the Chief Justice, with both signing the oath roll papers. The LG then handed over the warrant of appointment to Justice Bhati. The function concluded with the rendition of the national song and the National Anthem.

The ceremony was attended by Chief Minister Omar Abdullah, National Conference president Dr. Farooq Abdullah, Speaker Abdul Rahim Rather, cabinet ministers, High Court judges, Chief Secretary Atal Dulloo, Director General of Police Nalin Prabhat, and other senior bureaucrats and police officers—(KNO)

Khansahib, Sep 09: Three residential houses were completely gutted in a fire that broke out during the midnight hours at Khan Mohalla in Gurwait area of Khansahib in Budgam district, leaving six families homeless.

The blaze engulfed the houses during the night and caused extensive damage to the residential structures, along with household belongings and other property kept inside.

The fire prompted residents to rush to the spot as the blaze spread through the locality. Locals joined efforts to contain the fire and prevent it from  causing further damage to surrounding properties.

The destruction of the three houses has left six families without their homes, with their household possessions also damaged in the blaze.

The incident has caused substantial disruption for the affected families, who were left without shelter following the complete damage to their residences. Police have taken cognizance of the incident and registered a case. [KNT]