Excelsior Correspondent
JAMMU, Nov 3: High Court has stayed the order of trial court whereby direction was issued for registration of FIR against SSP Sridar Patil, DySP Parupkar Singh and SHO Naresh Sharma.
The order has been passed in a petition filed by Sridar Patil and others seeking quashement of order dated 13.8.2021 passed by the 1st Additional Sessions Judge Jammu in revision petition titled Senior Superintendent of Police and Others Versus Neha Chawla and further, setting aside and quashing of order dated 6.6.2020 passed by the court of 2nd Additional Munsiff Jammu in complaint titled Neha Chawla Vs Senior Superintendent of Police and Others whereby the trial court has directed the IGP to get the investigation in the case conducted.
During the course of arguments, AAG Aseem Sawhney appearing for the petitioners submitted that petitioners feel duty bound to narrate and submit the facts of the case which have led to filing of this petition and seeking justice from this court.
He further argued that on 27.5.2020 one Constable Abdul Majid, son of Abdul Rehman of Banihal posted at Police Post Parade, Jammu approached the Cyber Police Station Jammu with an application wherein he submitted that his Facebook account with profile name “Abdul Majeed” was hacked by some unknown person who has posted some photographs of communally sensitive nature on his account.
The photographs have the capability to hurt religious sentiments of Hindu community and requested for blocking the fake ID and taking action under law against the person. On the receipt of the complaint/ application the Inspector of the Cyber Cell Police Station Jammu vide letter dated 27.5.2020 requested “Facebook’s Incharge Law enforcement response team to identify the hacker and provide the details of the person for action under law.
After multiple requests the page was de-activated by the Facebook on 28.5.2020. Thereafter, on searching the URL in question, Facebook responded and prompted “sorry, this content is not available at the moment”. On the same day one Arjun Chawla, who is the son of the respondent posted on the Twitter account (another social networking site) the screen shots of the objectionable photographs from a Facebook page JK Dugger Express (1 day old post) and tagged it with the Tweeter accounts of J&K Police
Accordingly, he was called in the Cyber Cell Police Station through SHO Police Station Janipur for inquiring into his connections, motive and also question him to see if he had any links with this act of cyber terrorism and causing communal imbalance and disharmony. After questioning Arjun Chawla and verifying his antecedents, it came to fore that he was a student of law and was allowed to leave after proper advice not to repeat such acts in future.
While there was COVID lockdown in the Subordinate Courts the entire work was being done on virtual mode, therefore as a retaliatory action and to wreck vengeance Arjun Chawla and his mother Neha Chawla filed a criminal complaint against the petitioners for harassment and abusing Arjun Chawla.
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