A local court in Srinagar sent Waqar H. Bhatti, arrested over twelve days ago, to a six-day judicial remand on Tuesday.
Bhatti, a socio-political activist, was arrested on 01 September after Darakshan Andrabi, who serves as Chairperson of Waqf Board, allegedly registered a complaint against him.
In a application, Andrabi has written, “With respects I request your goodself to Kindly consider my application for issuing orders to the police to register an FIR against one Waqar Batti (a known Anti- India so called activist from Poonch area presently residing in South Kashmir reportedly somewhere in Kokernag) on the following grounds,” the application reads.
It further reads as, “That while reacting to a decision of J&K Waqf Board regarding engaging degree holding Qualified Imams, Khateebs and Muazzins for Waqf Managed Shrines and Mosques (which has been hailed by majority the peace loving people of J&K), He has uploaded a very derogatory video on social media in which he has personally attacked me on religious grounds and he has presented me as, a villain working against Islam. His massages venomous and it is hurting my public repute to the immeasurable level and at the same time he is inciting people on religious grounds.”
“His video circulated wildly (with personnel character assassination and religious defamation) has hurt my image in public to an immeasurable level and his speech has created an incitation on religious grounds etc,” it reads. Subsequently, Bhatti was arrested on 01 September.
Police has said that during the course of investigation the statements of witnesses have been recorded U/S 161 CrPC and the video which was uploaded by the accused in his face book account by the name of “Wagar H Bhatti has been retrieved in a separate per drive through CCTNS operators of this Police Station in presence of other witnesses.
“The retrieved data in shape of pen drive has been seized in the instant case as piece of evidence in presence of witnesses. Accordingly the involvement of accused person namely Mohammad Wagar Bhatti Son of Mohammad Bashir Bhatti, a resident of Thana Mandi Rajouri has been found established for the commission of crime U/S 153 A (promoting enmity between different groups on grounds of religion), 500 (defamation), 506 (criminal intimidation) of the IPC,” Police said.
“The matter is of serious nature and poses a serious threat to peaceful society,” Police told the court.
The said person is already involved in such type of incidents as is evident from various FIRs (FIR NO.140/2022 U/S 153 A, 195A 1PC of P/S Bahu fort Jammu,84/2020 U/S 153 A,153 B ,504,506 IPC of P/S Sunderbani Rajouri and 303/2018 U/S 124 A RPC of P/S Trikuta Nagar Jammu) registered against him, Police said.
“The bent of his mind and method of execution of said crime shows that the subject intended to disturb public order and disrupt the fabric of peace in the society,” Police claimed in its statement to the court.
Waqar H Bhatti is not likely to mend his ways and there is every apprehension that his anti-religious/anti-social /anti-national activities might be prejudicial to religious harmony of community as a whole and is thus required by this Police Station for further inquiry investigation of the instant case,” the Police told the court seeking his remand earlier this month.
On Tuesday (12-september-2023), Court allowed Police application and the accused was remanded to the six-day judicial custody. “The application is allowed and the accused persons are remanded to the judicial custody for 06 days w.e.f. 12.09.2023 to 17.09.2023. The accused be lodged in Central Jail, Srinagar during his remand period with direction to the Superintendent Central Jail, Srinagar to produce the accused before the competent Court on the expiry of remand period and he is further directed to provide them medical aid on need basis,” the court of Judicial Magistrate said in its order.
It further reads as, “The accused are apprised of all their legal right particularly the right to engage the counsel and also as per the guidelines laid down in DK Basu case by Hon’ble Apex Court.”
Several political activists and parties have expressed regret over the booking of Waqar H Bhatti. JK PDP in its tweet condemned this arrest and said, “Bhatti has been detained in an arbitrary way. His family is alleging that an FIR was lodged, picked up in a hostage style just after he issued a video criticizing certain nominated official of this administration. Even family members were not intimated about his whereabouts for three days. Mainstream media is so much pulverized into silence that they couldn’t even report the arrest.”
Adil Nazir Khan, an activist from Baramulla said, “This is very unfortunate, I think this should not happen in democracy,” adding, “She (Darakshan Andrabi) has no right to dictate what to do and what not and she should not interfere in our religious matters. Being a chairperson of Waqf board she should take care of board properties.”
Talib Hussain, a tribal activist expressed anger over the arrest of Waqar H. Bhatti said that it was sad that people should not be booked for speaking their mind out. “Arresting of activists for merely Critisicing someone’s decision not only contradicts the claims of the normalcy and peace, but also stands in contravention to all the basic features of democracy,” Talib said.