J&K tribal leader who protested at demolition site faces charges of ‘attempt to murder, rioting with deadly weapons’

A tribal leader who was arrested after he organised a protest at a demolition site in Jammu faces charges of “attempt to murder”, “rioting”, and “possessing deadly weapon”.

Seeking his immediate release, former Jammu and Kashmir Chief Minister and Peoples Democratic Party (PDP) president Mehbooba Mufti said he “has been jailed for fighting for the rights of the poor marginalised tribal community”.

According to the First Information Report (FIR) registered at the Bagh-e-Bahu police station in Jammu, the tribal leader, Talib Hussain Choudhary, faced charges under Sections 109, 126(2), 121, 132, 191(2), 191(3), 190, 125, and 125(2) of the Bharatiya Nyaya Sanhita (BNS). These sections deal with the charges of attempted murder, voluntarily causing grievous hurt and assault of a public servant, rioting with deadly weapons and compromising public safety.

Mr. Choudhary, also a member of the PDP, was arrested on June 1 from Bandhi-Ragura village, where 32 structures belonging to tribals were demolished in an anti-encroachment drive.

The police said that at about 4 p.m. a gathering of approximately 100-150 persons under the leadership of Mr. Choudhary and Molvi Makhan Din and some other local leaders assembled at Bandhi-Ragura.

“The assembled persons started raising slogans and protesting against the administration and attempted to march towards the National Highway without any lawful permission. The unlawful assembly caused obstruction to public movement, disturbed public peace and tranquillity, and created a serious law and order situation in the area,” the police said.

Despite repeated requests, warnings and directions of the police officers and Executive Magistrate Tehsildar Khass Jammu to disperse peacefully, the police said the protesters “did not desist from their unlawful activities”.

“Rather, being pre-planned and prepared to create a law-and-order problem and to provoke the general public, the members of the unlawful assembly became violent and started heavy stone pelting upon the police party with criminal intent while the police personnel were discharging their official duties,” said the police.

The police said the members of the unlawful assembly attacked the police party with stone pelting and other deadly missiles with the intention to murder, cause grievous injuries, and endanger the lives of police personnel.

“As a result, Sub-divisional police officer (SDPO) City East Jammu, Deputy Superintendent of Police, Station House Officer, Police Station Bagh-e-Bahu, and several other police officials sustained injuries,” said the police.

Meanwhile, Ms. Mufti said it was unfortunate that the PDP leader and leading social activist Chowdhary “has been jailed for fighting for the rights of the poor marginalised tribal community”.

“Treating him like a criminal simply for taking out a peaceful march against an arbitrary demolition drive in Sidhra sends a chilling negative message to Gujjar Bakerwals who have always stood by India. Talib must be released,” said Ms. Mufti.