Court frames charges in SIA case against scribe, scholar for writing, publishing ‘seditious’ article
Jammu, Mar 18 (PTI) In a first, a designated court here has framed charges against a journalist and a university scholar for writing and publishing a "seditious" article on a news portal.
The case against arrested journalist Peerzada Fahad Shah and Kashmir University scholar Abdul Ala Fazili was probed by the State Investigation Agency (SIA), which successfully brought it up to the stage of framing charges, an official said.
He said the special judge designated under the NIA Act, Ashwani Kumar, framed the charges against Shah and Fazili on Thursday.
The case pertains to information received by the CIJ police station (SIA-Jammu) on April 4 last year, along with a copy of an article titled "The Shackles of Slavery Will Break", written by Fazili and published in digital magazine (portal) 'The Kashmir Walla' through its editor-in-chief-cum-director Shah, according to the official.
"The duo, under an active conspiracy and Pakistan's support, resurrected a platform reviving the narrative in support of the terrorist and separatist ecosystem. They were spreading an anti-India narrative by exploiting digital platforms under a concealed and camouflaged set up with the help of illicit funding received from hostile foreign agencies and proscribed terrorist organisations," he said.
After hearing the contentions, the court found sufficient material collected by the SIA against the accused and framed charges against Fazili and Shah.
Fazili has been charged under sections 13 (unlawful activity) and 18 (conspiracy, advocating, abetting, inciting, facilitating a terrorist act or any preparation to commit a terrorist act) of the Unlawful Activities (Prevention) Act (UAPA) and sections 121 (abetting waging of war against the Government of India), 153B (imputations, assertions prejudicial to national integration) and 201 (causing disappearance of evidence of offence) of the Indian Penal Code (IPC).
Shah has been charged under sections 13 and 18 of the UAPA, IPC sections 121 and 153B and sections 35 (accepting foreign contribution in contravention of provisions of FCRA, or any order or rule therein) and 39 (violation of FCRA by a company tantamount to contravention by the persons incharge or responsible for business of such company) of the Foreign Contribution (Regulation) Act, the official said.
He said the probe has established that the accused were in touch with secessionists across the border and also with some local terrorists.
"Through their publications, they have brazenly advocated terrorism and glorified terrorists with the sole intention to radicalise youngsters in Jammu and Kashmir and entice and incite them in joining secessionist and terrorist organisations," the official said.
He said the SIA filed a chargesheet in the case in the special judge's court on October 13 last year after procuring the requisite government sanction.
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Waqf bill attack on Constitution's basic structure, INDIA bloc opposes it: Gogoi
New Delhi (PTI): Congress MP Gaurav Gogoi on Wednesday said the INDIA bloc will oppose the proposed changes to the Waqf law and called the bill an attack on the basic structure of the Constitution with an aim to dilute its provisions, defame minorities, disenfranchise them and divide the Indian society.
Hitting back, former Union minister and BJP leader Ravi Shankar Prasad said when large number of Waqf properties are lying vacant and being looted, the government has all powers to bring a law to regulate it.
He told Gogoi that while he cited Constitution, he did not present a complete picture on its various provisions authorising government to bring laws on various issues, including Waqf properties.
Initiating the debate on the Waqf (Amendment) Bill, Gogoi accused the government of misleading Parliament, referencing past discussions on the matter.
"This bill is an attack on the basic structure of our Constitution, an attack on our federal structure, and has four primary objectives: to dilute the Constitution, to defame minority communities, to divide Indian society, and to disenfranchise minorities," he alleged.
"The claim that the 2013 UPA government did not act on this issue is false. Repeated allegations have been made," Gogoi said, questioning the necessity of the amendments.
He further argued that the bill had not been adequately discussed with minority representatives.
"In 2023, four meetings of the Minority Commission were held, and yet, there was no mention of the need for a Waqf amendment bill. I ask the government - was this bill drafted by the Minority Affairs Ministry or some other department?"
The opposition MP also raised concerns over Clause 3, which defines individuals practising Islam.
"Minorities are now being forced to prove their religious identity with certificates. Tomorrow, will people from other faiths also have to do this? This is against Article 26 of the Constitution," he said.
"Which community do you want to mislead? The same community that fought for India's independence? The community that sacrificed alongside Mangal Pandey in 1857? You want to tarnish the reputation of a community in which 2 lakh ulema were martyred? You seek to defame the community that supported us during the Quit India Movement? You want to stain the name of the community that supported the Dandi March on April 6, 1930?" Gogoi said.
"You wish to malign the community that opposed the British policy of divide and rule in 1926? You aim to taint the community whose leader, Maulana Hussain Ahmad Madani, demanded complete independence?" he added.
Gogoi also accused the government of spreading misinformation about the bill's impact on women's rights.
"There is an attempt to create the illusion that the existing law discriminates against women. In reality, the law already has provisions for the protection and empowerment of women, including widows," he said.
He also claimed that the Joint Parliament Committee did not take any suggestions of the Opposition into consideration.
Gogoi noted the reduction in revenue allocation from 7 per cent to 5 per cent, arguing that instead of reducing it, the government should consider increasing it to 11 per cent to strengthen the Waqf Board. He also claimed that provisions on imprisonment had been diluted.
"There is a clear attempt to take control of Waqf properties. Today, their eyes are on one minority group; tomorrow, they will target another. We support necessary reforms, but this bill will only lead to increased litigation and more problems," he said.
Countering the Opposition attack, Prasad said the church community is also in favour of Waqf amendment bill as churches too are facing the problem of encroachment by Waqf bodies.
He said the government cannot watch silently as corruption on Waqf properties continue unabated.
"Waqf is not a religious body; it is a statutory body. There are over 8 lakh Waqf properties, including schools, hospitals, and orphanages. Shouldn't there be a mechanism to ensure proper governance? The opposition is politically bound to oppose reforms, but they must look within themselves," he added.
Prasad said that the amendments were necessary to ensure transparency and fairness in Waqf administration.
"The Waqf Bill is about regulating properties, not about targeting any community. If the bill provides more representation to backward Muslims in Waqf affairs, why is the opposition objecting? If Waqf properties are being misused or illegally occupied, the Constitution allows for corrective legislation," he said.
Prasad said the Congress has over the years only paid lip service to the cause of minorities but did nothing to empower them.
He also referenced the Shah Bano case, accusing the Congress of undermining legal reforms for political gains.
"When the Supreme Court ruled in favour of Shah Bano, the Rajiv Gandhi government overturned the decision for vote bank politics. Congress had 400 seats then but never got a majority after that. Today, they continue to oppose necessary reforms for political reasons," he said.
According to the bill, trusts created by Muslims under any law will no longer be considered Waqf, ensuring full control over them.
Only practising Muslims (for at least five years) can dedicate their property to Waqf, restoring the pre-2013 rules. Also, women must receive their inheritance before Waqf declaration, with special provisions for widows, divorced women and orphans, the bill proposes.
