Court dismisses plea for FIR against Geelani
Posted on Mar 27 2014 | IANS
New Delhi, March 27 : A court here Thursday dismissed a plea seeking registration of an FIR against hardline Hurriyat Conference leader Syed Ali Shah Geelani, and three others for allegedly "instilling hatred among the people of Kashmir and other parts of the country".
The court was hearing a private complaint accusing Geelani of delivering hate speeches, and claiming that such objectionable remarks made by him on several occasions had "threatened the safety and security of government of India and its citizens".
Metropolitan Magistrate Vijeta Singh dismissed the complaint and said that no satisfactory reasons have been elucidated to order a police investigation.
During the arguments, the counsel of the complainant had said that the court has jurisdiction to order registration of FIR as the alleged statements given by Geelani and three others have been heard in Delhi as well.
On the issue of special status and applicability of Ranbir Penal Code (RPC) in Jammu and Kashmir, the lawyer argued that these four people were Indians and therefore, the penal provisions under Indian Penal Code (IPC) and other acts were applicable on them.
The court declined the plea, saying that it does not hold any ground that the IPC would extend to the facts and circumstances of the present case.
The court's order came after it went through the action taken report (ATR) of Delhi Police which said the alleged offence did not fall in its jurisdiction and the probe cannot be carried out under Indian Penal Code (IPC) as it is not applicable in Jammu and Kashmir where the RPC is in force.
The complainant has alleged the accused have insulted the national honour by depicting only upper part of India's map on their websites.
The court refused to pass order for lodging a case against Geelani saying that there is no pictorial map of India in the constitution as such to invoke the Prevention of Insults to National Honour Act in the case.
Besides Geelani, the complaint had also sought lodging of FIR against Tehreek-E-Hurriyat general secretary Muhammad Ashraf Sahrai and two Hurriyat Conference-Geelani members Masarat Alam Bhat and Ghulam Nabi Sumji for offences under various sections of IPC, including 121 (waging or attempting to wage war against country) and 153A (promoting enmity between classes).