Delhi L-G grants sanction to prosecute Shehla Rashid for tweets about Army

Trouble for former student leader Shehla Rashid as Delhi Lieutenant Governor VK Saxena has sanctioned prosecution of Rashid for her tweets on Indian Army's alleged actions targeting civilians in Jammu and Kashmir.

Sources said the prosecution sanction came in connection with an FIR registered on 3 September, 2019 against Shehla under Section 153A (promoting enmity between communities) of the Indian Penal Code by Delhi Police's Special Cell following a complaint filed by lawyer Alakh Alok Srivastava.

Examining the proposal by Delhi Police seeking prosecution of Shehla, Delhi government's Home Department has said that the "nature of case, location to which the tweets refer and making false allegations against the Army make it a serious issue."

"Not every tweet is to be proceeded with, under criminal law. But the tweet of the kind in this case needs to be processed against religious fault-lines have been created in Jammu and Kashmir by the likes of Shehla Rashid. The case is made of for prosecution under Section 153A IPC. This relates to public order," the Home Department had said in its recommendation to the LG.

The former JNU Students Union Vice President is accused of promoting enmity between different groups and indulging in acts prejudicial to maintenance of harmony through her two tweets.

The prosecution sanction by the L-G has been granted under Section 196 of CrPC, which says no court shall take cognisance of any offence punishable under Chapter VI or under section 153A of Indian Penal Code except with the previous sanction of the Union government or the state government.

Shehla in her tweets on 18 August, 2019 had alleged that the Indian Army was entering houses of local Kashmiris and torturing them.

In a tweet, she said, "Armed Forces are entering houses at night, picking up boys, ransacking houses, deliberately spilling rations on the floor, mixing oil with rice, etc". In another tweet, she claimed, "“In Shopian, four men were called into the Army Camp and ‘interrogated’ (tortured). A mic was kept close to them so that the entire area could hear them scream and be terrorised. This created an environment of fear in the entire area.”

The Army had denied the allegations, saying they were "baseless and rejected" and "such unverified and fake news are spread by inimical elements and organisations to incite unsuspecting population".