The Jammu & Kashmir and Ladakh High Court has set aside the discharge of Mohd Yousuf Lone in a 2013 Kupwara case concerning alleged secessionist slogans, a procession and stone-pelting at security forces.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani held that the material collected by the prosecution disclosed a strong suspicion requiring the case to proceed to the stage of framing charges under the Unlawful Activities (Prevention) Act (UAPA).
Background of the Case
According to the prosecution case recorded in the judgment, on November 8, 2013, a police patrol party at Kupwara reported that a procession had been taken out by separatist Hurriyat leader Syed Ali Shah Geelani along with Lone.
The participants were alleged to have raised slogans against the unity and integrity of India and incited people to challenge India's territorial sovereignty. The procession allegedly turned into a mob, following which stones were pelted at police and security forces. FIR No. 279/2013 was subsequently registered at Police Station Kupwara.
The trial court had discharged Lone from the charges under Section 13 of the UAPA and Sections 171-C and 171-F of the Ranbir Penal Code, while transferring the case for consideration of the remaining charges under Sections 147 and 336 RPC.
The Jammu and Kashmir administration challenged that order before the High Court.
Court's Observations
The High Court examined the legal standard applicable at the stage of framing charges. It noted that the court is not required to conduct a mini-trial or decide whether the accused will ultimately be convicted. Instead, the question is whether the prosecution material raises a strong suspicion sufficient to proceed with the case.
The Bench also considered Section 2(o) of the UAPA, which defines “unlawful activity” to include acts, words, signs or representations intended to support or bring about the cession of Indian territory, incite such cession, or question or disrupt India's sovereignty and territorial integrity.
The Court observed:
"The sloganeering for secession, raised by an accused leading a mob in the company of the head of a proscribed separatist organisation, and coupled with incitement of the public and violence against security forces, is capable, on a prima facie appreciation, of falling squarely within this definition."
The Bench found that the trial court had rejected the applicability of Section 2(o) in a single sentence without explaining how the alleged conduct and material in the charge-sheet were tested against the statutory provision.
Decision
The High Court held that the charge-sheet material, including the recorded slogans, the alleged leadership role attributed to Lone and the resultant violence, disclosed a strong suspicion sufficient for the matter to proceed to trial.
At the same time, the Bench made it clear that it was not deciding Lone's guilt or innocence.
"At this stage, we do not make any definitive finding on the guilt or innocence of the respondent, nor are we expressing any opinion on the ultimate merits of the case."
The Court accordingly allowed the appeal, set aside the trial court's January 3, 2025 order, restored the charge-sheet and directed the trial court to reconsider framing of charges afresh after hearing both sides and considering the material on record.
Case Details
Case Title: UT of J&K through Station House Officer, Police Station Kupwara v. Mohd Yousuf Lone
Case Number: CrlA(D) No. 43 of 2025
Judges: Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani
Decision Date: August 27, 2026
