Gowher Jeelani Journalist’s plea to quash FIR lodged against him under UAPA denied by J&K HC: Govt to respond by May 20.

(Judicial Quest News Network)

Gowher Jeelani a Journalist and Author who was booked under the Unlawful Activities Prevention Act. Was denied an interim relief by the Jammu and Kashmir High Court on Friday.

Gowher Jeelani is a renowned freelance journalist contributing to Deutsche Welle (Germany), The Federal, British Broadcasting Corporation (BBC), Scroll, Quint etc.

is implicated in FIR no. 11/2020 Cyber Police Station, Kashmir Zone, Srinagar for the offences under Section 13 Unlawful Activities (Prevention) Act, 1967 and Section 505 IPC.

The case had come up for hearing on Friday through Video-Conferencing

According to the Geelani’s Counsel Salih Pirzada That the respondent has no jurisdiction to investigate the offences beyond the purview of Information Technology Act, 2000.

In terms of the SRO 559 the Cyber Police Station has a restrictive jurisdiction for the investigation of offences under Information Technology Act and allied offences.

Since the FIR is registered for the offence under a special statute of Unlawful Activities (Prevention) Act, 1967 read with Section 505 Indian Penal Code, unrelated to the trappings of offences under Information Technology Act, therefore, the impugned FIR and the investigation thereunder lacks jurisdiction. It is further submitted that the Cyber Police Station is created for the investigation of specified offences under Chapter XI of the Information Technology Act, as such, is precluded from embarking upon the investigation of special offences and the offences under the Penal Code unless allied to the enabling Information Technology Act.

It is further submitted that in all probability’s criticism of Government exciting disaffection or bad feelings towards it, is not to be regarded as a justifying ground for restricting the freedom of expression and of the press.

Therefore, the impugned FIR being violative of Article 19 of the Constitution is liable to be set aside.

His counsel further submits that the information forming basis for registration of FIR for commission of offence under the provisions of Unlawful Activities (Prevention) Act, 1967, does not meet the requirement of the definitions made in Section 3 of the Act of 1967.

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.

Mr. B. A. Dar, learned Sr. AAG submits that the petitioner and his counsel have not complied with the requirement of Standing Operation Procedure (SOP) in vogue while dealing with urgent matters during lockdown period arising out of spread of Coronavirus, as no copy of petition has been furnished to him by e-mail in advance and no consent sought for listing of the matter.

Mr. B. A. Dar, learned Sr. AAG submits that on the threshold of the investigation, Court has no power to interfere in the matter, as the same is beyond the scope of powers of the Court exercised in terms of Section 482 of Criminal Procedure Code.

He further submits that all the grounds of challenge are vague and without any merit.

He further submits that merits of the case cannot be discussed or raised while questioning the FIR. Learned counsel submits that on registration of the case, the Cyber Police Station, Kashmir Zone, has forwarded the matter to the Supervisory authority of Police and the Inspector General of Police, Kashmir, transferred the case to Police Station, Sadder, for investigation in terms of order dated 22.04.2020, therefore, the jurisdiction aspect of the matter is not available to the petitioner to seek quashment of FIR, which otherwise also, cannot be a ground for quashment of FIR.

After hearing the Counsel for both parties, the Court issued notice to the government and sought a response or status report before the next date of hearing which is fixed for May 20. No orders have been passed as regards to the interim relief for Geelani.

[Read Order]