Court sets aside sessions court order dismissing sedition charges; says such slogans threaten national unity.

Srinagar, July 25, 2025:
In a significant ruling, the Jammu and Kashmir High Court reinforced the importance of national integrity.The court ruled that raising slogans against the country amounts to sedition and is unlawful. It made this observation while setting aside a sessions court order. The lower court had earlier dismissed sedition charges against two individuals accused of anti-India sloganeering.

A division bench of Justices Sanjeev Kumar and Sanjay Parihar heard the J&K government’s appeal against a 2021 verdict.That ruling had cleared Ameer Hamza Shah and Rayees Ahmad Mir of charges for raising anti-national slogans after Friday prayers. Police had registered the original FIR under the Unlawful Activities (Prevention) Act (UAPA) on March 20, 2015. However, they took five more years to file a chargesheet. The sessions court later dismissed it on September 29, 2021.

It added that inflammatory slogans challenging India’s sovereignty or promoting division do not qualify as free speech. Such acts, the court clarified, can disturb public order and threaten national unity. Authorities can prosecute such acts under sedition laws.

“The speech in question, under the guise of free speech, aims to provoke sentiments, divide communities, and destabilize the idea of India,” the bench noted. It called the earlier dismissal of charges “perverse” and a result of “non-application of mind.” The court ruled that the decision must be “set aside.”

The bench cited concerns over growing instances of hate speech disguised as dissent and stated that the Constitution protects free speech, but not speech that undermines the state’s unity. “Thus, on the face of it, the order is perverse and is, therefore, set aside,” the judgment read.

Legal experts say the ruling reaffirms that dissent is a democratic right, but not at the cost of public order or national integrity. By restoring charges against the accused, the court sent a strong message against acts that incite secessionist sentiments.

The court stressed that law enforcement agencies and public prosecutors must thoroughly investigate and prosecute anti-national cases. It also criticized the police for delaying the chargesheet, which led to the case’s initial dismissal.

The lower court is now expected to resume proceedings, and a fresh trial will likely begin soon. Legal experts believe this case will set a precedent for future matters involving anti-national sloganeering.

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