INTERIM PROTECTION FROM ARREST TO SHEHLA RASHID

INTERIM PROTECTION FROM ARREST TO SHEHLA RASHID

ISHA TRIPATHI 

BACKGROUND:

Shehla Rashid a political activist from Jammu and Kashmir tweeted on August 17 against the Indian Army and Government of India regarding the situation in Jammu and Kashmir after the revocation of Article 370 (which gave special status to the state of Jammu and Kashmir).

Rashid who is a leader of the Jammu and Kashmir People’s Movement had criticized the military mobilization in the valley following the abrogation of the special status of Jammu and Kashmir and have alleged that armed forces have been violating their Fundamental Rights.

The complaint to the Delhi Police Special Cell was made by an Advocate Alakh Alok Srivastava and subsequently, an FIR was registered under Sections 124A/153A/153/504/505 of Indian Penal Code on September 3.

CURRENT ISSUE (INTERIM PROTECTION FROM ARREST TO SHEHLA RASHID):

The FIR against Rashid was launched by the Delhi Police on a complaint filed by the Supreme Court Lawyer Alakh Alok Srivastava who sought to arrest Rashid for allegedly spreading fake news against the Army and the Government of India regarding the revocation of Article 370.

The Public Prosecutor also said that they have not received any official complaint from the Army plus they need at least six weeks’ time to investigate the complaint.

Lawyer Alok Srivastava said that the tweet made by Rashid is completely false as she has given no proof or named anyone. The International Media had quoted had tweet which had an impact on India’s reputation. He added that he is satisfied that Delhi Police filed a complaint against her and that she will soon be arrested because of the charges.

After considering all the facts the additional session Judge Pawn Kumar Jain granted interim relief from arrest to Rashid as Police have not issued a notice to the accused. However, Rashid has maintained that she is ready to join the investigation. Moreover, the complaint states that Rashid is deliberately and intentionally spreading the aforesaid “fake news” with the intention to “incite violence in the country”. It says that she is doing so to “malign the image of Indian Army nationally as well as internationally”. It further mentions that Rashid is trying to create unrest in Jammu and Kashmir and trying to promote disharmony, enmity, hatred and ill-will between different groups. Interim protection from arrest to Shehla Rashid.

In a series of tweet, Rashid had said, “People are saying that Jammu and Kashmir Police has no authority on law and order situation. They have been rendered powerless. Everything is in the hands of paramilitary forces. One SHO was transferred on a complaint of a CRPF man. SHOs carrying batons. Service revolvers can’t be seen on them. While in her defence Rashid had said that “As a political activist, I was just doing my job”

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CONCLUSION:

As per a report in THE WIRE, additional session judge Pawan Kumar Jain at Patiala House Court granted interim bail to her, saying that the matter requires investigation in detail and posted it next for November 5. Till then he ordered that the “ACCUSED SHALL NOT BE ARRESTED”. The Court added that Rashid should fully cooperate with the investigation in the meanwhile.

While the Army had rejected Rashid’s allegations regarding the situation in Jammu and Kashmir and termed them as “baseless”.

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