Excelsior Correspondent
Srinagar, Apr 24: The High Court today issued notice to police for filing of response to the plea of journalist Gowhar Geelani challenging the FIR filed against him for offences of Unlawful Activities Act.
Justice Ali Mohammad Magrey reserved issued notice to the plea of Geelani after hearing his counsel Soleh Peerzada through video conferencing and asked the Government counsel B A Dar to file the response by next date.
Advocate Peerzada while strengthening his claim for quashing the FIR No. 11/2020 filed by the Cyber Police against Geelani submitted before the Court that the Cyber Police Station has no jurisdiction to register investigate the offence made in the FIR as the same is beyond the powers vested in the Information Technology Act 2000.
He submitted that the contents of FIR furnished details regarding the alleged commission of offence by Geelani does not disclose the cognizable offence which is the basis for registration of case by the Cyber Police Station.
In contrary, Government counsel appearing in the case informed the Court 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 COVID-19 as no copy of petition has been furnished in advance to him.
He added 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 Court under section 482 of CrPC.
Opposing the petition, he submitted that the grounds made in the petition are vague and without any merit as the merits of the case cannot be discussed or raised while questioning the FIR.
“…On registration of 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, therefore, the jurisdiction aspect of the matter is not available to the petitioner to seek quashment of FIR…”, Court recorded the arguments of Dar.
Referring to the law laid down by Supreme Court, Justice Magrey said the Apex Court has also held that the power is to be exercised cautiously, carefully and sparingly and Court has not to function as a Court of appeal or revision.
Journalist Geelani was booked under anti-terror law for his social media post terming these posts as seditious, incendiary and incriminating and for inciting violence.
It is prayed in the petition that the FIR lodged by Cyber Police and the investigation undertaken thereafter be quashed also the petitioner be paid compensation of Rs one crore for harassment and mental agony caused by the initiation of vexatious criminal proceeding by the authorities.
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