CPI(ML) Liberation general secretary Dipankar Bhattacharya demanded the withdrawal of cases lodged against arrested persons in Bihar and elsewhere for waving Palestinian flags.

In Jammu and Kashmir, around eight men were detained under sections 223, 152 (endangering sovereignty, unity and integrity of India), punishable by life imprisonment and Section 13 (unlawful activity) of the UAPA, punishable by seven years, for alleged pro-Palestine and pro-Hezbollah slogans, and waving flags during a Muharram procession.

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At least four people have been arrested from Nawada and Darbhanga in Bihar in the past one week for allegedly waving a Palestinian flag during a procession held ahead of Muharram. Former Indian Police Service officer R.K. Vij said the FIR in this case may be justified only if waving Palestine flag had a “tendency to incite violence or create public disorder or incited violence or hatred among sections of society.”

Srinagar parliamentarian Ruhullah Mehdi demanded the release of the arrested youths. “This is an assault on freedom of expression and that too an expression in favour of the oppressed people. As conveyed through telephonic conversation, the Police should release these men and avoid treating them as criminals,” he posted on X.

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On July 15, India contributed $2.5 million to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. Israel’s war in Palestine’s Gaza following the October 2023 attack by Hamas has claimed the lives of more than 36,000 people and destroyed most of Gaza.

According to a government website, “India’s support for the Palestinian cause is an integral part of the nation’s foreign policy.” File. | Photo Credit: AP

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After several people were arrested, detained and questioned in Madhya Pradesh, Bihar, Jharkhand, Uttar Pradesh and Jammu and Kashmir over the past few days for waving Palestine flags, legal experts and political representatives questioned the basis of the arrests as India maintains diplomatic relations with Palestine.

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Pitambar Singh, Superintendent of Police (SP), Dumka said, “There is a particular place to do things, one cannot do anything at the place which can hurt others’ sentiments. There is a government order prohibiting people from provocative acts.”

Vrinda Grover, lawyer and human rights activist. said waving the flag of a nation with which India has friendly relations is not an offence. “Such cases are registered to create a chilling effect. Political representation is very much part of freedom of expression, it has been assaulted in these cases. The Palestine Embassy is located in Delhi, merely waving a flag does not amount to a criminal offence,” Ms. Grover said.

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In 1974, India became the first Non-Arab State to recognise Palestine Liberation Organisation and in 1988, India became one of the first countries to recognise the Palestinian State. In 1981, India released a commemorative postage stamp on the ‘International Day of Solidarity with the Palestinian People’. Photo: @IndianDiplomacy

In a few cases, the complaints were made by the members of the Bharatiya Janata Party (BJP) and right-wing organisations such as the Bajrang Dal and the Vishwa Hindu Parishad, and cases were lodged under Bharatiya Nyaya Sanhita (BNS) and the Unlawful Activities (Prevention) Act.

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On Thursday, one person was arrested in Jharkhand’s Dumka for waving the Palestinian flag during a Muharram procession. He was booked under sections 223 A (disobeying a public servant) and 292/3 (public nuisance) of the BNS. The sections are punishable by an imprisonment of six months and a fine.

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According to a government website, “India’s support for the Palestinian cause is an integral part of the nation’s foreign policy.” In 1974, India became the first Non-Arab State to recognise Palestine Liberation Organization and in 1988, India became one of the first countries to recognise the Palestinian State.

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“Flags of Palestine are being waved as a sign of solidarity with the people of Gaza. India has never shied away from backing Palestine. A reason why a Palestinian embassy exists in New Delhi,” Mr. Bhattacharya said.

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The police action followed after Jharkhand BJP chief Babulal Marandi shared a video clip on X where a man is seen waving the flag. Calling for strict action against people with a “Talibani mindset”, Mr. Marandi said, “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.”

In Madhya Pradesh’s Khandwa, three people were questioned by the police for allegedly raising the Palestinian flag during a Muharram procession on Wednesday but no case was registered. Khandwa SP Manoj Rai told The Hindu that a complaint was received from Bajrang Dal district president at the Moghat Road police station regarding waving of a flag during Muharram processions.

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