Delhi court directs police to issue 10 day pre-arrest notice to Shehla Rashid in sedition case

On August 18, Rashid posted a series of tweets alleging excesses by the forces against children and youths in the Valley in the aftermath of the government’s decision to revoke Jammu and Kashmir’s special status by modifying Article 370 and bifurcating it into two union territories.

She was booked by the Special Cell of Delhi Police under sedition and other criminal charges for allegedly spreading misinformation about armed forces in Kashmir.

Rashid was represented by senior counsel , Satish Tamta and advocate, Sarim Naved . Her counsels moved an anticipatory bail application before the court requesting for interim protection and that she was ready to join investigation.

Rashid’s counsel submitted that her tweets are based on information provided from people of Kashmir, and the same can be verified though an independent investigation. They said that in a situation where there was no communication from Kashmir, she conveyed information about the situation in Kashmir whether flattering or unflattering.

“There is nothing in the said tweets that is violative of Section 124A and in fact the basic ingredients of the offence are not made out. The Applicant has made no allegation against the government. She has conveyed something about the behaviour of members of the armed forces without ever saying that the armed forces have deliberately or systematically done anything wrong. Criticism of this sort does not amount to sedition,” Rashid’s anticipatory bail application read.

The FIR against Rashid was registered on the basis of a complaint by advocate Alakh Alok Srivastava who claimed “the allegations made by her are false, baseless and concocted. She has not provided any evidence of the torture…She is deliberately and intentionally spreading fake news with the intention to incite violence in the country and create unrest in Jammu and Kashmir.” “Shehla has maligned the image of the Indian Army. What I did was not out of politics.”

The police had registered an FIR under sections 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language), 153 (wantonly giving provocation with intent to cause riot), 504 (intentional insult with intent to provoke breach of the peace) and 505 (statements conducing to public mischief) of IPC.

Rashid is currently a member of Jammu and Kashmir People’s Movement, led by former IAS officer Shah Faesal.