Srinagar, August 8, 2025 : The High Court of Jammu and Kashmir and Ladakh has dismissed the government’s appeal challenging the acquittal of Ghulam Mohammad Lone, who was booked under the Unlawful Activities (Prevention) Act (UAPA) in South Kashmir.
Lone, a resident of Srigufwara, Anantnag, was acquitted by the Special NIA Court on February 20 last year. He had been facing trial in a case registered on September 8, 2012, related to the circulation of posters allegedly issued by the proscribed outfit Hizbul Mujahideen. The posters had threatened elected panches and sarpanches to resign or face dire consequences.
In its July 31 order, a division bench comprising Justice Sanjay Parihar and Justice Sanjeev Kumar observed that for an act to be considered an “unlawful activity” under Section 2(o) of the UAPA, it must be aimed at disrupting the sovereignty or territorial integrity of India, or inciting cession or secession.
“The language used in the posters may have been threatening, but it does not amount to inciting cession or secession, nor does it disrupt India’s sovereignty or cause disaffection against the country,” the court stated.
The bench held that the content of the posters did not meet the legal threshold required to invoke Section 13 of the UAPA. It added that although the trial court should have considered charges under the Ranbir Penal Code (RPC), remanding the matter was not appropriate, given that the accused had already faced trial for over eight years.
“The appeal lacks merit and is accordingly dismissed,” the court ruled.
It also noted the absence of solid evidence linking Lone to the posters. Apart from the statement of a prosecution witness claiming similarity in handwriting, there was no conclusive proof connecting him to their creation or distribution.
