A Kashmiri Student Was Jailed For 11 Days For Facebook Post He Wrote As 12-Year-Old


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NEW DELHI — In 2012, when Aqib Rasool used to be a 12 yr outdated boy rising up in Kashmir, he uploaded a picture of the Pakistani flag on his Fb profile . Seven years handed.

Then on February 17 this yr, Rasool — now 19 — used to be jailed by means of the Himachal Pradesh police after a gaggle of fellow scholars on the YS Parmar College of Forestry and Horticulture in Solan demanded his arrest within the aftermath of the Pulwama bombing on February 14. They have been booked underneath Phase 153 of the Indian Penal Code for ‘inflicting provocation with the intent to reason riots’. The FIR, which HuffPost has a duplicate of, stated, “It turns into transparent from the put up that the discussed persons are fascinated about anti-national actions and it’s suspected that they’re fascinated about seditious actions as neatly.”

When Rasool’s circle of relatives attempted to use for bail, native legal professionals barricaded the district courtroom, and refused to let any attorney constitute him. Police and college government each showed the scoop of the legal professionals’ boycott. On February 27, after 10 days in prison, the Shimla Prime Court docket refused to provide him bail, directing them again to the native courtroom. On March 1, Rasool used to be in the end granted bail by means of the district courtroom in Solan. However his ordeal isn’t over. He nonetheless has to face trial.

Rasool isn’t on my own. Peer Zada Tabish Fayaz, a 21 year-old M Sc Pupil on the similar college, has suffered the similar destiny — he too used to be arrested for supposedly provocative posts made between 2011 and 2014, when he too used to be a minor.

 

When Rasool’s circle of relatives attempted to use for bail, native legal professionals barricaded the district courtroom, and refused to let any attorney constitute him.

Rasool and Fayaz’s arrest come at a time when younger Kashmiris learning throughout India need to undergo the brunt of the jingoistic hysteria drummed up by means of High Minister Narendra Modi and his Bharatiya Janta Birthday party to detract from his executive’s failure to stop the horrific February 14 suicide bombing that resulted within the dying of 49 paramilitary soldiers. Arresting other people for Fb posts and Whatsapp messages has develop into an issue of regimen.

But, even on this increasingly more absurd instances, Rasool and Fayaz’s instances stand out.

The case of the 2 younger males illustrate how ‘nationalistic’ mobs have beaten each and every unmarried establishment — state-run faculties which are intended foster an environment of tolerance and a recognize for speech, the police who will have to have secure them from the mob relatively than arresting them, the legal professionals who should be sure that each and every accused has a appropriate to a defence, and the District and Prime Court docket who’re sworn to uphold the foundations of the Indian charter.

“How can they name him anti-national? He used to be a kid, a child!” stated Mudassir, Rasool’s brother. “He has participated in the entirety from Independence Day to Republic Day and different nationalistic occasions with complete vigour in school. How can they all at once claim him anti-national?”

“It kind of feels the justice machine is blind,” Mir Yasir, Rasool’s cousin, instructed HuffPost India.

Choudhary Ali Zia Kabir, a attorney with the Human Rights Regulation Community, instructed HuffPost India that importing an image of any nation’s flag can’t be regarded as an offence in any respect.

Fayaz’s posts, Kabir stated, have been written when he used to be a juvenile. “As they have been youngsters, there duty stands lowered,” Kabir stated, pronouncing the police will have to have regarded as this ahead of arresting them.

Assistant Sub Inspector Ramesh Chandra, who’s overseeing the case, stated that the posts have been from a number of years in the past. However the boys have been arrested anyway, and their telephones and laptops had been despatched for forensic research. Now the topic is stuck in India’s notoriously slow-moving prison machine, suggesting it may well be years ahead of the case is in the end disregarded.

“They may have slapped him, scolded him, suspended him even? However throw him to prison?” Mudassir, Rasool’s brother stated. “His lifestyles shall be destroyed, what’s going to occur to him now?”

 AN ANGRY MOB OF STUDENTS

Quickly after the Pulwama assault, an individual acquainted with the occasions at Rasool’s college instructed HuffPost India, a gaggle of scholars sought to focus on the Kashmiris of their midst. What adopted unearths how right-wing teams are benefiting from India’s crumbling prison machine, the place the method itself is the punishment.

“They scanned the period and breadth of social media accounts of all Kashmiri scholars they knew with a view to get a hold of an excuse to assault them,” the individual stated, requesting anonymity, fearing reprisals.

 

Assistant Sub Inspector Ramesh Chandra, who’s overseeing the case, stated that the posts have been from a number of years in the past. However the boys have been arrested anyway, and their telephones and laptops had been despatched for forensic research.

On February 17, the college wrote a letter to the native police station caution them of escalating stress on campus. “The scholars are accumulating off and on, looking for those two Kashmiri scholars,” the letter mentioned, portray a terrifying image of a mob. “The Scholars’ Welfare Officer has expressed that he won’t be able to verify the protection of those Kashmiri scholars for lengthy.”

The letter, which HuffPost India has accessed, showed that the strain used to be over Fb posts written between 2011 and 2013. The college wrote to the native police, alerting them to escalating stress within the campus.

The letter discussed a ‘commotion’ so intense ‘over outdated Fb posts of Kashmiri scholars’ that the scholars welfare officer (SWO) knowledgeable the college government that he ‘has shifted the 2 scholars to a secret position within the college expecting a safety danger to those scholars’.

The letter made no point out of the “agitating” scholars, and if the college took any motion in opposition to them.

Somewhat than offer protection to the Kashmiri scholars, the college tacitly selected the aspect of the mob.

Suchet Attre, the general public family members officer of the college instructed HuffPost India that they didn’t document a police criticism in opposition to Rasool or Fayyaz, however knowledgeable the native police concerning the Fb posts. Following the arrest of the men, Attre couldn’t say if the college has tried to succeed in out to the circle of relatives or lend a hand them with the prison processes.

 

Hindustan Occasions by way of Getty Pictures

Gurdwaras in Mohali supply safe haven to Kashmiri scholars fleeing from Dehradun.

Attre stated a scholar, who he refused to spot, contacted a attorney referred to as Neeraj Bhardwaj who filed the criticism in opposition to the Kashmiri scholars. The letter the college despatched suggested the police to evaluate the danger, deploy safety on the campus and requested the police to ‘read about the fb contents of the posts of above scholars and take essential motion as according to regulation if wanted.’

Attre stated, “We knowledgeable the police for the sake in their (Kashmiri scholars’) personal safety. Now some scholar knew a attorney and he lodged a criticism. It’s totally inside his appropriate to take action.”

“If any person is learning in India, he’s having aids from India and the entirety from India. After which he’s pronouncing ’we adore Mujahideen, lengthy reside Kashmir, lengthy reside Pakistan, my middle beats for Pakistan, so what used to be the treatment with us? I will have achieved the criticism I did that and police took its motion,” Bhardwaj instructed HuffPost India. “Now it’s as much as the courts.”

When HuffPost India requested him if he realised that the scholars have been simplest youngsters when the posts have been uploaded, Bhardwaj all at once clammed up.

“It’s extra like that you’re interrogating me presently?” he stated.

He claimed the Kashmiri scholars instructed their fellow scholars that such killings have been standard in Kashmir, and took place ceaselessly. The FIR or the college letter, alternatively, doesn’t point out the scholars making such a feedback.

 A MOB AND A MISSING TEENAGER

On February 17, the day the college despatched the letter to the police, Rasool made a panicked telephone name to his elder brother Mudassir, who lives in Bandipora.

Rasool stated a mob had collected outdoor his hostel and used to be on the lookout for him.

“He stated, he has been requested to stick within by means of the coed welfare officer,” Mudassir instructed HuffPost India. “‘Anyway, I’ve a challenge to post, I will be able to check out completing that’, he instructed me and disconnected the telephone,” Mudassir added.

Someday later, Rasool texted Mudassir pronouncing he used to be being moved to any other hostel, as there used to be some bother in the only he used to be residing in.

An hour later, Rasool referred to as once more. This time, he used to be frantic and used to be at the the verge of tears. 

“He instructed me that the police had arrived on the college and so they have been taking him and the opposite child away.

“He instructed me that the police had arrived on the college and so they have been taking him and the opposite child away. So then I requested him handy the telephone over to the police officer,” he stated. The officer, Mudassir stated, confident him that Rasool is secure and the one reason why he used to be being taken away is as a result of other people have been agitated within the campus and it used to be turning into unhealthy for the 2 to stick there.

“Once I requested for the officer’s quantity, he stated I will stay calling my brother on his telephone,” he stated. A couple of hours later, Aqib’s telephone become unreachable and subsequent day morning, the weeping teen instructed his brother that he has been arrested.

“It used to be like a bolt of lightning. He used to be crying and saved asking us all to return down and get him out,” Mudassir stated. It took them an afternoon to organise sources and on Tuesday, two days after Aqib used to be arrested his cousin Mir landed in Solan to get him bail.

Through then, the 2 were produced in a district courtroom in Solan and used to be remanded to judicial custody for 3 days.

A LAWYERS’ BOYCOTT

By the point Mir reached Solan, phrase had unfold that two Kashmiri scholars were arrested for ‘anti-national’ actions. He struggled to discover a attorney to constitute Aqib and Solan’s bar affiliation boycotted him and vowed not to permit any native attorney to transport a bail utility within the district courtroom.

No longer simply that, Mir used to be instructed that after Rasool and Fayaz have been produced in courtroom, a mob of legal professionals attacked them, main the police to take them out of the premises for a emergency front. “I couldn’t muster braveness to visit the courtroom and search a attorney after that. I used to be terrified,” stated Mir, who attempted to get others to persuade a attorney to constitute Rasool.

The put up discussed in Bhardwaj’s criticism and in consequence discussed within the FIR, used to be one written by means of Fayaz: “Kashmir on boil. 4 assaults in three days. Lengthy reside Muhaihideen Lengthy Reside Kashmir. It kind of feels the day before today India used to be lacking house prerequisites in south Africa. RIP India. Pakistani flag as soon as once more proudly being displayed in Srinagar. India occupied Kashmir. And Delhi nonetheless says Kashmir is an integral a part of India. Ha, to your goals. We will be able to by no means settle for Indians determination of moon sighting. We settle for simplest Pakistani determination as our hearts beat with Pakistan our thoughts blow with Pakistan.” ASI Chandra stated that 10 posts, all written between 2011-2014 by means of Fayaz have been submitted at the side of the criticism and just one put up of by means of Rasool.

 

SOPA Pictures by way of Getty Pictures

Mudassir, Rasool’s brother, stated that despite the fact that hanging up an image of Pakistan as a show image in unacceptable within the present political situation, the boy did it when he used to be 12 and had no working out of the political implications of it. Residing within the incessant cycle of violence in a warfare zone, Mudassir stated, made it tricky for younger boys to shape discerning evaluations.

“That’s why we despatched him to check there, to get out of Kashmir and spot the arena. What have they achieved to him?” Mudassir stated.

Mir, Rasool’s cousin, stated the accusations in opposition to Rasool have been deeply hurtful.

“We all know what militancy does. I misplaced my father when I used to be 3, militants killed him. Accusing us of supporting militants, at the foundation of one thing he stated as a kid is grave injustice,” Mir instructed HuffPost India all through a telephonic dialog.

He stated that native legal professionals had requested him to get an area guarantor from Solan to get Aqib bail. “I confirmed them my Aadhaar card and the entirety. However they instructed me you’re a Kashmiri, you need to get any person right here. You stay pronouncing one country, we’re one nation? Then why this discrimination?” he stated.



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