Constitutional values create India; unity of India will not bend to empty slogans: Allahabad High Court while granting bail to Kashmiri students

The Allahabad High Court on Wednesday made some strong observations while granting bail to three Kashmiri students charged with sedition after they allegedly raised pro-Pakistan slogans following Pakistan's victory in a T-20 Cricket World Cup match against India [Inayat Altaf Shekh v State of UP]..Single-judge Justice Ajay Bhanot stressed that Constitutional values create an indissoluble Union of India and the unity of the country is not made of bamboo reeds that it would bend to the passing winds of empty slogans."The foundations of our nation are more enduring. Eternal ideals bind the indestructible unity of India. Constitutional values create an indissoluble Union of India. Every citizen of the country is the custodian, and the State is the sentinel of the unity of India and the constitutional values of the nation," the Court said..Pertinently, the Court observed that students travelling freely to different parts of the country in the quest for knowledge is the true celebration of India's diversity and a vivid manifestation of India's unity."It is the duty of the people of the hosting State to create enabling conditions for visiting scholars to learn and to live the constitutional values of our nation. It is also the obligation of the young scholars to imbibe and adhere to such values," the order said.The judge quoted poet Iqbal remarking that the constancy of Indian values and perpetuity of the Indian people led him to sing aloud the glory of our motherland..The accused students claimed that they were falsely implicated in the case and the case was in fact a result of student rivalries. They contended that they did not raise anti India and pro Pakistan slogans. They further stated that they are responsible Indian citizens hailing from the State of Jammu & Kashmir, which was the very embodiment of Indian values.It was their submission that they truly represent “Kashmiriyat” defined by syncretist ideals and composite culture.Further, they assured the Court that they wouldn’t abscond and would cooperate with the criminal proceedings..On the other hand, the State submitted that students from all parts of the country were welcome with open arms, but they couldn’t exhibit disloyalty to the country and spread disharmony in society..The Court after hearing both sides, said that students travelling freely to different parts of the country in the quest for knowledge was a true celebration of India's diversity."I see merit in the submissions of the learned counsel for the applicants. The submissions of the learned counsel for the applicants could not be satisfactorily disputed on behalf of the State. Accordingly, I hold that the applicants are entitled to be enlarged on bail," the Court ordered..Thus, the application was allowed subject to the following conditions:"(i) The applicants will not tamper with the evidence during the trial.(ii) The applicants will not influence any witness.(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.(iv) The applicants shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court to any police officer or tamper with the evidence.".It was stipulated that should any of the conditions be breached, it was open to the prosecution to move an application for cancellation of bail..Importantly, the single-judge also took note of the allegations that the Agra District Bar Association had passed a resolution refusing to provide legal assistance to the applicants. Though the Judge refrained from enquiring into them further, he observed that if the allegations were true, it was a matter of concern.“Lawyers have an oath inscribed in their consciences to assist the cause of law under all circumstances and to serve justice to all those who seek it at all times,” the Court observed..Advocates Santosh Kumar Singh, Ramesh Chandra Yadav and Sudhakar Yadav appeared for the petitioners.[Read Order]