Appeals people not to fall to vicious designs of anti-national elements
Jammu: After taking cognizance of uploading offensive content by a student, the Jammu and Kashmir Police has launched the investigation which will be taken to logical conclusion and no one would be allowed to hurt the religious feelings of any community, and nobody will be allowed to use this incident for malicious purposes either, Director General of Police, J&K, R R Swain said today.
“We respect the honour and dignity of Prophet Mohammad (PBUH) and the police is well aware of its duties and responsibilities to take action against anyone trying to vitiate the peaceful atmosphere,” said the DGP.
He appealed to the general public that they should not fell to vicious designs of the anti-national/anti-social elements who by taking undue advantage of this incident are attempting to disturb the communal harmony and brotherhood for which Kashmir is known from ages together. He said that, police have registered a case regarding the uploading of offensive content, investigation is on, evidences are being collected and assured that the case will be taken to logical conclusion.
Interacting with media, Swain said that after discussions with the law officers and approval from the competent authority, law will be made operational here under 144 Criminal Procedure Act under which action will be taken against those uploading, sharing videos, posts, texts, audio on social media having potential to trigger communal frenzy, promote terrorism, separatism etc adding that by these activities at times people’s life get disturbed, businesses get affected schools/colleges get closed and whole system gets disrupted.
The DGP said that J&K police is also investigating the people who by taking undue advantage of the incident are trying to disturb the situation in Jammu and Kashmir. He said that we have to make a distinction between the innocent statement and the statement issued with the malicious intentions.
To a query regarding attempts by Pakistan to vitiate the atmosphere here, the DGP said that there is no doubt in it, a number of messages are being designed from across the border and circulated on social media adding that some people here are using these messages to disturb the peaceful atmosphere. Some people get benefitted from these activities which he said is a known fact and sought cooperation of the people to foil these evil conspiracies.
“Under (Section)144 CrPC, we have decided to bring a law on the posting of any type of content – message, video, audio – which will instigate communal disharmony and terrorise or threaten anyone.
“Whether they are terrorists, separatists, or anti-national elements, posting such messages and videos will be a crime as per the law,” Swain told reporters in Jammu.
The DGP said before the law is enacted it will be placed in the public domain for feedback.
He added that those forwarding and sharing such content will also face legal consequences. Swain urged people to report such content to the nearest police station.
“People who post videos, including those aimed to harm the respect of the Prophet (Muhammad, PBUH), and those who forward it will be committing a crime,” he stated.
“We will index such people, ensuring they face disadvantages for having done such a thing,” Swain said.
Highlighting the “disruptive impact” of such content, the DGP said it causes “fear” that leads to the closure of colleges and schools.
Swain said that Pakistani social media handles generate and post content that are “shared by some elements locally to create trouble and harm peace”.
He said that the police would work with the people of Kashmir to “isolate such miscreants”.
The DGP further said that statements — whether those fall under freedom of expression and dissent or are linked to a conspiracy to escalate violence — will be investigated.
Swain also made it clear that such statements will be investigated — the communication traced and discussions and meetings scrutinised — to uncover any “backdoor manipulation”.
“The responsible or irresponsible statements — whether it is part of freedom of expression and dissent or it is part of a conspiracy or a collusion with certain elements to further increase the circle of violence — is something which will be a matter of investigation,” Swain told reporters here.
He further said, “It can be found out, the communication can be traced, discussions and meetings can be investigated — if it has happened backdoor — to forward it.”
Swain was replying to a question about statements by various political leaders, including People’s Democratic Party (PDP) chief Mehbooba Mufti.
He also spoke on the protests that erupted at NIT-Srinagar on Tuesday over a student’s alleged social media post that hurt religious sentiments. The protesters demanded stringent action against the non-local student, who has since been sent home on leave.
“All I can say is that the wheels of law will operate in the sense that if the particular action has been done deliberately with the malicious intent to further a certain falsehood and (whether) that falsehood leads to loss of life, property, further violence and attacks on individual citizens, fear, terror and intimidation, the law itself makes it very clear that they will be held responsible,” Swain said.
The Jammu and Kashmir Police chief pointed out that the correlation between statements and violence has been established in some National Investigation Agency (NIA) cases and the court accepted it.
“I clearly remember in one of the NIA cases, the honourable judge accepted this as evidence,” he said.
Referring to freedom of expression in such situations, Swain said public figures have to see whether there is truth in it when making the statements.
“There are many nuisance statements. Even if it is true, but the statements have the potential to deteriorate the situation and create an environment for violation or increase violence, there should be reasonable restraint as per law. The aim is to stop violence,” he said.
He said those who make innocent remarks about a particular situation as a viewpoint are different and that will not be part of any police investigation.
Swain said, “We want to make it clear between freedom of expression and right to dissent — statements based on falsehoods and half-truths and out of context or designed to further violence will not fall in that category. We will make a distinction with the powerful tools of investigation and intelligence that we have.”
DGP also appealed to the public to maintain calm and not get misled by those trying to foment trouble.
The police will also ensure respect for all religions and protect the dignity of the majority community in the Valley, Swain said on the NIT-Srinagar incident and assured action against the accused.
He further said the police will ensure law and order prevails in the Valley.
“Some are out to trigger trouble. We will request people to be vigilant about them. Communal harmony has been a hallmark of Kashmir,” he said.
Swain claimed a conspiracy is being hatched to derail peace and the public should be alert, adding no protests on the roads will be allowed.
