Participating in the funeral of a Terrorist is not anti-national : J&K High Court

• Referred to the ‘personal freedom’ of Article 21 of the Constitution
• Bail for imam who gave an inflammatory speech for the freedom of Kashmir

Srinagar – Participating in the funeral procession of a Jihadi terrorist cannot be called an anti-national act. It falls under individual liberty under Article 21 of the Constitution. Therefore, no one can be stopped from doing it, said the J&K and Ladakh High Court in its verdict while hearing a case.

Offering Funeral Prayers Of A Killed Militant Cannot Be Construed To Be An Anti-National Activity: J&K&L High Court @BasitMakhdoomi https://t.co/1C3bYPXWsP

— Live Law (@LiveLawIndia) September 8, 2022

1. Justice Ali Muhammad Magre and M.D. Akram Chaudhary’s Bench while hearing the case, said that personal liberty is the highest priority.

2. n this case, the Court said, only when a criminal case is pending against a person, or, he has been convicted and imprisoned, his liberty can be controlled.

3. In the year 2021, a jihadi of the terrorist organisation Hizbul Mujahideen was killed by the Indian Army in an encounter. An action was taken against the imam and the locals who participated in his funeral procession under the Prevention of Unauthorized Activities Act (UAPA).

4. Javid Ahmad Shah, an imam, led the prayers during the terrorist’s burial. He then incited the sentiments of the local Muslims and appealed to them to fight for the freedom of Kashmir.

Editorial viewpoints

It is necessary to see that ‘Glorification of terrorists which is always unacceptable and Jihadi terrorism and those who support it, are not being encouraged in any way by such verdicts.’ Along with this, it is expected that the judicial system should try to explain the definition of treason and make it known to the common people.