Kashmiri journalist Gowhar Geelani, who was booked under the Unlawful Activities (Prevention) Act (UAPA) has moved the Jammu & Kashmir High Court seeking quashing of the FIR filed against him.
The issue was heard via video conferencing by single Judge Bench of Justice Ali Mohammad Magrey on Friday wo issued notice on Geelani’s petition and fixed the next date of hearing on May 20.
The FIR against Geelani was registered at Cyber Police Station, Kashmir Zone. One of the primary grounds stated by Geelani for quashing the FIR was the lack of jurisdiction of this Police Station as the same has been designated for registering cases relating to the Information Technology Act and other allied offences and hence FIRs under the UAPA or the Indian Penal Code (IPC) could not have been lodged by them.
Geelani stated, “Cyber Police Station has no jurisdiction to register and investigate the offence made In the FIR, as same is beyond the powers as vested in terms of Section 78 of the Information Technology Act, 2000.”
It was further argued that the FIR did not include the commission of any cognizable offence which was a basic requirement for registration of an FIR under Section 154 of the Code of Criminal Procedure (CrPC).
Before a FIR is registered, the police officer in charge must have reason to suspect the commission of a cognisable offence in addition to the above he must be subjectively satisfied that there is sufficient ground to commence an investigation. Geelani contended that both conditions had not been satisfied.
Alleging that the action of the Police had been taken with malice the petitioner added that neither the information disclosed for the registration of the FIR meet the requirements under Section 3 of the UAPA nor did the FIR disclose the commission of offences under Sections 505 of IPC and 13 of the UAPA.
The court stated, “The further ground raised in the petition is that the action of the Police is having basis on malice in law, as there is no material, which forms the basis for registration of case against a Journalist, who only performs his professional duties, as guaranteed under Article 19(1) (a) of the Constitution of India.”
The Additional Advocate General representing the Union Territory of Jammu & Kashmir informed the Court that the Standard operating procedure (SOP) as regards hearings in urgent matters was not followed as the petitioner had failed to supply a copy of the petition to the respondents.
The AAG further stated that as per Section 482 of the CrPC the court had no power to interfere in the matter at the threshold of the investigation. Questioning the grounds for challenging the FIR, the State added that the grounds raised were “vague” and “without any merit”.
The Court was also told that as the FIR stood transferred by the Cyber Police Station at Kashmir Zone to the Supervisory authority of Police, and the Inspector General of Police of Kashmir transferred the case to Police Station at Sadder for investigation the jurisdiction of the same could not be questioned by the petitioner.
The Court had issued notice to the government and directed them to file a response or status report before the next date of hearing which was fixed for May 20. No orders regarding interim relief for Geelani have been passed as of now.
Read the Order here:
