The Jammu & Kashmir and Ladakh High Court has upheld the acquittal of a man. He was accused under the Unlawful Activities (Prevention) Act (UAPA) for allegedly pasting posters threatening Panchayat members to resign. They were told to resign or face consequences. The Division Bench comprised of Justice Sanjeev Kumar and Justice Sanjay Parihar. They stated the act did not amount to an “unlawful activity” under Section 13 of the UAPA.
The posters were alleged to have been put up on behalf of the banned Hizbul Mujahideen in 2012. They warned elected Panchayat members to quit their posts or be killed. The judges noted that while the words were intimidating, they did not aim to bring about the secession of any part of India or disrupt its sovereignty and territorial integrity. They also did not incite disaffection against India.
The trial court in 2024 had acquitted Ghulam Mohammad Lone. The ruling stated that the prosecution failed to connect him to the offence. Most key witnesses turned hostile and gave no incriminating evidence. The only material against Lone was a handwriting expert’s opinion that his handwriting matched the posters.
The High Court agreed there was not enough evidence to convict under UAPA. It observed that the case may have fallen under provisions of the Ranbir Penal Code, which was in force in J&K in 2012. However, it decided not to send the matter back for a fresh trial. Lone had already faced proceedings for over eight years.
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