The Jammu Kashmir High Court recently refused to quash an FIR registered against Abdul Bari Naik, an assistant professor working in a government college who has been accused of “intending to provoke common people to use force or violence against the institutions like the army and the police,” Live Law reported.
Pertinently, Dr. Naik who was posted in Udhampur Degree College, was arrested in March, 2021 for his alleged involvement in “anti-national activities.”
The bench headed by Justice Sanjay Dhar perused the video clips submitted by the Police featuring the Assistant Professor, “to note that prima facie he was trying to promote enmity between the people living in Kashmir and those living in other parts of the country,” as per Live Law.
As per the report, the bench was dealing with the bail plea of Abdul Bari Naik who has been booked under Sections 153, 353 RPC and 13 ULA(P) Act on the allegations that he is motivating the students of the college to disrupt peace and tranquility in the area and also provoking them to indulge in violence against the State Administration.
Defending the FIR, the state government argued before before the Court that it has credible reports that Professor Naik is motivating the public with the ideology of extremist groups and he is indulging in a vilifying campaign against the district administration and the security forces.
The Court said that as per the investigation conducted by the investigating agency, Dr. Bari was trying “to motivate the common people towards separatism and he is provoking them against the police and security forces as also against district administration.”
“Upon watching the video clips seized during the investigation of the case, it appears that the petitioner is conveying to the audience that Kashmiri students are being lynched and brutally tortured in other parts of the country. In one of the video clips, the petitioner is seen conveying to his audience that the children of Kashmir are being oppressed by the security forces and the army. In yet another video clip, the petitioner is conveying that the army is hampering the movement of the people and it is obstructing the children from going to schools which has led to closure of schools. In yet another video clip, the petitioner is seen pleading cause relating to release of a person who was in custody for indulging in stone pelting and terrorist activities,” said the bench headed by Justice Sanjay Dhar.
Meanwhile, the petitioner, Dr. Bari (41) submitted that since he is an RTI activist and he raises the issues of corruption, therefore, the respondents lodged the impugned FIR against him and at best, his acts may amount to violation of Civil Service Rules and in no case, it would amount to disclosure of a criminal offence against him.
Back in March 2021, confirming his arrest to The Kashmiriyat, his family member had said, “Bari has been vocal against corruption and other issues that affect the society at large, he has always been concerned about the people of Kashmir.”
Pertinently, Dr. Bari was also terminated from his services for involvement in alleged “anti-national activities.” He was transferred from Kulgam to Udhampur’s Government Degree College.
Earlier, in August 2018, during his services in Kulgam Degree College, the forces had booked him for inciting violence at college campus after some forces entered the college premises, fired tear gas shells, in response to which, students hurled stones at the forces. In an interview with The Kashmiriyat, he had said that he was implicated under those charges due to his activism.
In October 2021, The Kashmiriyat had reported that an NIA court in Anantnag had granted bail to Dr. Bari on certain conditions. Dr. Bari was released from Central jail, Srinagar.
The bail order read, “Whereas by the virtue of the order dated the 7 day of October 2021, petitioner/accused named above has been admitted to interim bail till 25.10.2021 subject to furnishing bond to the tune of R.50,000/ as also ‘surety in the like amount by him. Same stands furnished, accepted and attested by this court.”
Dr. Bari was ordered to not leave Jammu Kashmir without the orders of the court. “He shall remain available with the investigating officer of the case, as and when for the completion of the investigation, if not already completed; and shall also remain present before this court on each and every hearing of this case. He shall not hamper or tamper with the prosecution evidence,” the court order read.