 Act, 1967 (UAPA) & Indian Penal Code.){kind=link}
The High Court of Jammu and Kashmir on Friday issued notice to Government on a petition by Kashmiri Journalist Gowhar Nazir Shah Geelani seeking to quash FIR registered against him under the Unlawful Activities (Prevention) Act, 1967 (UAPA) & Indian Penal Code.
The Single Judge Bench of Justice Ali Mohammad Magrey while conducting hearing through video conferencing issued notice to State to file its reply before the next date and list the matter for hearing on May 20. However, court has not granted any interim relief to Geelani.
The petition has been filed by Geelani, challenging the jurisdiction of the police station where the FIR was registered. It has been contended that the Cyber Police Station, Kashmir Zone has no jurisdiction to register and investigate the case relating to offences falling under the provisions of the Unlawful Activities (Prevention) Act, 1967 and Indian Penal Code.
The said police station has been declared as Police Station for the purpose of registration and investigation of the cases regarding the offences falling under Information Technology, Act, 2000 and other allied offences in the specified area.
The Counsel for the petitioner stated that the 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.
He also challenged the FIR on the ground that it furnished details regarding the alleged commission of offence by the petitioner, but did not disclose the cognizable offence, that formed the basis for registration the case by a Police Officer. Under the Criminal ProcedureCode, it is the duty of the officer Incharge of Police Station registering the FIR to be satisfied with the information disclosing the cognizable offence. The police officer should have reason to suspect the commission of a cognizable offence and should also satisfy himself as to whether there is sufficient ground for entering on an investigation.
The action of the Police in this case is therefore malicious, as there is no material to form 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 counsel brought the Court’s attention to a previous judgement of the Kerala High Court, where the Court had held that Cyber Police Station has no power to investigate the offence beyond the one arising out of the provisions of Information Technology Act, 2000.
According to the Counsel appearing for the State all the grounds of challenge are vague and without any merit, and when the case is at the threshold of the investigation, it is beyond the scope of powers of the Court, and the Court has no power to interfere in the matter. The merits of the case cannot be discussed or raised while questioning the FIR in terms of Section 482 of Cr.P.C.
The Court noted that since the petition was not available to the State Counsel, he was unable to meet all grounds as raised by the petitioner, thereby directing the Registry to provide him with copy of the petition and the status report and responses to be filed before the next hearing.
-India Legal Bureau