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J&K High Court Restores UAPA Charges Over Anti-National Slogans

The division bench found that incitement of secession constitutes an unlawful act under India’s anti-terror law.

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Overview

  • The court set aside 2021 discharge orders and revived charges against Ameer Hamza Shah and Rayees Ahmad Mir.
  • Justices Sanjeev Kumar and Sanjay Parihar ruled that Section 13(1) of the UAPA covers advocacy of secession even without accompanying violence.
  • Shah and Mir are accused of chanting anti-India slogans calling for Jammu and Kashmir’s separation after Friday prayers in March 2015.
  • The bench directed the trial court to frame charges under Section 13 and resume prosecution of the case.
  • Legal experts say the verdict broadens the UAPA’s reach and may heighten restrictions on political expression in the region.