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13. Further, it is alleged that from the Compact Disk (CD) recovered from the Appellant‟s residence, it was revealed that the Appellant had made inflammatory speeches at Kishtwar, Bhadarwa, Anantnag, Kargil, Poonch, etc, instigating the general public to chant slogans in furtherance of secessionist activities in the J&K and thus, created a surcharged atmosphere against the Government of India.

21. The learned Senior Counsel submitted that the videos recovered by the Prosecution to implicate the Appellant in the present NIA case, belong to the year 1996 and prior, the most recent being over 25 years old. He submitted that the same videos have been used by the Prosecution in as many as 24 FIRs against the Appellant, to keep him incarcerated for a prolonged period, based on the same allegations of delivering „inflammatory speeches‟ and inciting violence in the J&K, thereby creating a „surcharged atmosphere‟.

A. Instigating violence through his Inflammatory speeches:

The Prosecution has relied upon several videos, which allegedly depict the inciting of hatred and making of inflammatory speeches by the Appellant to provoke the people in J&K against India and to promote activities related to secession such as stone pelting, burning of Schools, and mass violence towards the Security Forces. It is further alleged that the Appellant raised slogans to garner public support for terrorist organizations. Document AD-114 and AD-116 have been cited in support.

61. Another plea raised on behalf of the Appellant pertains to the rallies, alleged to be inflammatory, being held as a part of freedom of speech and expression and the right to self-determination and therefore, it cannot be made a basis to bring a Charge under the UA(P) Act against the Appellant.

62. No doubt, the Constitution of India provides for a right to freedom of speech and expression, however, the same also places reasonable restrictions such as public order, decency, morality or incitement to an offence, etc. This right cannot be misused under the garb of carrying out rallies wherein, a person uses inflammatory speeches or instigates the public to commit unlawful activities, detrimental to the interest and integrity of the country.