A student’s social media post triggered a crisis forcing the administration to quickly take legal action and intervene to prevent escalation of tensions, reports Syed Shadab Ali Gillani
In the aftermath of protests that rippled across Kashmir in response to an offensive social media post by a student, the Jammu & Kashmir Police took into custody Prathamesh Shinde, a Maharashtra student at the National Institute of Technology (NIT), Srinagar. Currently navigating his seventh semester in the Chemical Engineering Department, Shinde, found himself facing legal consequences under Sections 153 (provocation), 285A (outrage religious feelings), and 153A (promoting enmity) of the Indian Penal Code (IPC).
The FIR (156/23), lodged at the Nigeen Police Station in Srinagar, asserts that the student’s actions “have hurt the religious sentiments of a particular community with the potential to disrupt communal harmony and can create a law-and-order situation within and outside the campus.”
Student Demonstration
The controversy at NIT Srinagar unfolded when Shinde posted an Instagram story. The incident took a serious turn when a fellow student screen-recorded the post and promptly sent it to the Dean of Academics for necessary action.
In response to Shinde’s post, another student shared her plea in a group, stating, “Kindly show respect for our Prophet Muhammad (SAW); He (SAW) holds greater significance than our own lives.” This plea, however, was met with inappropriate reactions as a few students responded with laughing emojis.
This exchange led to a peaceful protest organised by local Muslim girls outside their hostels on November 27.
Shinde, who resided in the Jhelum hostel designated for 4th-year students, found himself at the centre of the controversy. Hostel wardens and professors took immediate action by removing him from the hostel, initially considering it a temporary measure in anticipation of a swift resolution. However, the issue persisted.
Word quickly spread, prompting students to gather on campus on November 27, 2023, at around 1 pm, staging a protest at the main gate to draw attention. Despite assurances from the college administration that action would be taken against Shinde, dissatisfaction lingered among the protesters. On November 28, upon returning from examinations, students were met with a notice on the board declaring Shinde ineligible for the examination and rusticated from the hostel. Protesters, however, demanded more severe consequences, such as the cancellation of Shinde’s degree, citing the gravity of the offence against religious sentiments.
A day later on November 28, another peaceful protest unfolded on the NIT campus in which non-native Muslim students also participated. Reassurances from police officials and the college administration were provided, promising legal action against the student.
The situation escalated to the extent that classes at NIT remained suspended, and protests spread over to other city colleges. Social media circulated videos depicting demonstrations at Amar Singh College and the Islamia College of Science and Commerce in Srinagar, with similar protests emerging at the Islamic University of Science and Technology (IUST) in Awantipora and the University of Kashmir on Friday afternoon. As tensions mounted, the incidents underscored the need for a measured response and a revaluation of the mechanisms in place to address such sensitive issues within educational institutions.
Quick Police Response
On the micro-blogging platform X, formerly Twitter, Cyber Kashmir Police reinforced their advisory, stating, “All Social Media users are advised to refrain from sharing provocative & inappropriate content from their handles/pages.” Acknowledging the prevalence of such content, they emphasized that legal action was underway to address the issue.
Director General of Police RR Swain echoed a commitment to strict action against individuals contributing to communal tension, peace disruption, or the promotion of terrorism. He specifically addressed the disrespect towards Prophet Muhammad or any religious group, urging people to report any content that could disturb communal harmony.
During discussions with reporters in Jammu, DGP underscored the gravity of the situation, particularly considering a derogatory video posted on social media by an NIT student. He outlined the police’s stance, emphasising that any objectionable material with the potential to disrupt peace, incite violence, or promote terrorism and separatism would face strict legal consequences. He assured that thorough investigations would be conducted to identify and apprehend individuals with malicious intent. “Law will take its course,” he asserted.
The Jammu & Kashmir Students Association also vehemently denounced defamatory the post. The association underscored that such remarks not only lack respect but also possess the potential to unravel the intricate tapestry of our diverse society.
National Convener of the Association, Nasir Khuehami, emphasised in a statement, “While we unequivocally condemn the offensive post, we implore everyone to uphold composure and abstain from resorting to violence or retaliation. Resolving such incidents demands dialogue and peaceful avenues.”
Chaos Followed
In the morning, a directive suspended all academic activities for the day at the National Institute of Technology, Hazratbal and Islamia College of Science and Commerce, Hawal. Both institutes were slated to resume normal activities on December 1, 2023.
Despite the chaos, Islamia College of Science and Commerce Hawal clarified that the 3rd-semester backlog examinations would proceed as scheduled. Complications arose with another order mandating the swift evacuation of the hostel residents of the NIT due to the declaration of winter vacations, as per Circular No. 60 of 2023.
Simultaneously, officials at the NIT instructed all students to vacate the campus and hostels by 10 am on Friday. The circular also announced the suspension of mess services from breakfast onwards.
Adding to the academic disruptions, a separate order mandated the initiation of online classes for all government degree colleges across Kashmir from December 1, 2023. The Jammu and Kashmir Higher Education Department justified this move due to the challenges posed by early winter conditions affecting students’ commute and class attendance.
This decision triggered criticism on social media, with some questioning the perceived discrepancy in treatment between college and school students.
In parallel with the academic developments, some District Magistrates issued stern orders separately urging netizens to refrain from misusing social media. The directive underscored concerns about the dissemination of incendiary messages and propaganda with anti-national inclinations. The orders were issued under Section 144 of the CrPC 1973, prohibiting the posting, uploading, or propagation of specific content within defined limits, citing potential threats to state security, law and order, and public tranquillity.
As happens with every development in Kashmir, tons of data was loaded on social media by too many people not living in Jammu and Kashmir. Their story was that the NIT case was played up because the boy was in a relationship with a native classmate. There were a lot of photographs changing handles in this regard. NIT students, however, asserted that the relationship was a matter of personal choice and had nothing to do with the outcry over the particular hurtful post.
As the police are investigating the case, they have said they will also take appropriate action against those sharing pictures of the female student.
UAPA Controversy
In another recent development, seven students from Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) were charged under the Unlawful Activities Prevention Act (UAPA). This legal predicament stems from an altercation when some Kashmiri students allegedly celebrated India’s loss during the cricket World Cup final between Australia and India.
The police formally stated that the charges under Section 13 of UAPA were not linked to planning or executing terrorist acts but rather to inciting, advocating, and encouraging separatist ideology. FIR No 317/2023 was filed against the seven students, invoking Section 13 UAPA for inciting and abetting unlawful activities. Additionally, Sections 505 and 506 of the Indian Penal Code (IPC) were applied for ‘public mischief’ and ‘criminal intimidation,’ respectively. The FIR was based on a written complaint, and the relevant sections were invoked accordingly.
“This incident demonstrates that the BJP has criminalized sportsmanship in Kashmir,” PDP Chief Mehbooba Mufti stated. She highlighted the irony that those celebrating the “collective humiliation” after the dismemberment of Jammu and Kashmir couldn’t tolerate Australia’s superior game on the day.
In a joint statement, the families of the seven SKUAST-K students, now facing UAPA charges, expressed apprehensions about the politicisation of the issue by political activists and leaders. They emphasised the potential harm of stirring controversy while the matter is still under investigation. The families have formally appealed to the Lt Governor for the withdrawal of the case.
The families approached the Senior Superintendent of Police (SSP) Ganderbal and gave their version of the incident, and hoped for a fair and judicious resolution of the case. Eventually the cases against the seven students were withdrwan and the court granted them bail.
Deserted Campuses
This dramatic situation that evolved within a few days has landed the campuses in an interesting situation. Colleges have gone online, universities are working offline, almost all hostels are deserted and the vast network of higher secondary school and high school set-up is working normally.
