By Abdul Bari Masoud
New Delhi, July 20: The CPI(M) and CPI(ML) on Thursday strongly demanded immediate withdrawal of criminal cases filed under draconian laws such as UAPA and BNS against individuals for waving Palestinian flags during Muharram processions. Legal experts and political leaders questioned the arrests, noting that India maintains diplomatic ties with Palestine.
Reports indicate that these cases were filed in Jammu and Kashmir, Bihar, Madhya Pradesh, and Jharkhand under stringent sections of UAPA and BNS following complaints by BJP and VHP leaders. Most of these states are governed by BJP and its allies or under direct governance of the Union government.
In Srinagar, Shia mourners were charged under UAPA for shouting anti-Israel and pro-Palestine chants during the Muharram parade. In Bihar’s Nawada district, three young men were detained on Monday for waving Palestinian flags during a Muharram march.
In Khandwa, Madhya Pradesh, three individuals were questioned by police on Wednesday for reportedly waving the Palestinian flag during a Muharram procession; however, no formal complaint was filed. In J&K, around eight men were arrested for allegedly shouting pro-Hezbollah and pro-Palestine slogans and waving flags during a Muharram procession. They were charged under sections 223, 152 (endangering sovereignty, unity, and integrity of India), and Section 13 (unlawful activity) of UAPA, with punishments ranging from seven years to life imprisonment.
In Dumka, Jharkhand, one individual was detained on Thursday for flying the Palestinian flag during a Muharram procession. He was charged with violating BNS sections 292/3 (public nuisance) and 223 A (disobeying a public officer), carrying penalties of six months’ imprisonment and a fine. The police response followed a video clip posted on X by Jharkhand BJP president Babulal Marandi, who demanded harsh punishment for those with a “Talibani mindset.”
Marandi stated, “As a result of Muslim appeasement by the Hemant Soren government, people with anti-national extremist ideology in Jharkhand have now started openly displaying their nefarious intentions. Waving the Palestinian flag during the Muharram procession in Dumka, the deputy capital of the state, is an act of treason and also a despicable attempt to spread fear among the general public of the area.”
National Conference MP from Srinagar, Ruhullah Mehdi, also demanded release of the arrested youths. “This is an assault on freedom of expression, and that too is an expression in favor of the oppressed people. As conveyed through a telephonic conversation, the police should release these men and avoid treating them as criminals,” he posted on X.
“Flags of Palestine are being waved as a sign of solidarity with the people of Gaza. India has never shied away from backing Palestine. There is a reason why a Palestinian embassy exists in New Delhi,” he said.
Human rights activist and lawyer Vrinda Grover argued that it’s not illegal to fly the flag of a country with which India is friendly. “Such actions are reported to instill fear. Freedom of expression includes political representation, which has been violated in numerous instances. There is a Palestine Embassy in Delhi, and it is not illegal to simply wave a flag,” Grover said.
The CPI(M) stated that the BJP-led government claims to support the Palestinian state, but the filing of these cases exposes its true face. It is unable to tolerate the Indian people’s support for Palestine.
CPI(ML) Liberation General Secretary Dipankar Bhattacharya demanded withdrawal of cases lodged against arrested persons in Bihar and elsewhere for waving Palestinian flags.
The CPI(M) demanded withdrawal of these cases and immediate release of all those detained or arrested for expressing their support for Palestine. The Union government should unequivocally express its solidarity with Palestine, demand Israel withdraw from all occupied territories, and restore the statehood of Palestine with pre-1967 borders and East Jerusalem as the capital.
