AAG told HC after petitioner challenges jurisdiction
Srinagar, April 24 (KINS): The case registered against journalist Gowher Geelani has been transferred from Cyber Police Station to Saddar Police Station, “therefore, jurisdiction aspect” to seek quashment of FIR is not available to him, Additional Advocate General Friday told High Court.
Kashmir-based author and journalist Gowhar Geelani has moved a petition before High Court, seeking quashment of FIR filed against him by the police under Unlawful Activities Prevention Act (UAPA).
Counsel for Geelani, advocate Salih Pirzada submitted before court that Cyber Police Station has been declared as Police Station for the purpose of registration and investigation of the cases regarding the offences falling under provisions of Information Technology, Act, 2000 and other allied offences mentioned in the government order.
Pirzada further pleaded that Cyber Police Station has no jurisdiction to register and investigate there offences under UAPA.
He pleaded that content which is basis for registration of FIR “doesn’t disclose cognizable offence.”
“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,” he submitted before court.
AAG submitted before court that on registration of the case, the Cyber Police Station 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,” he submitted before court.
After hearing both parties via virtual mode, the court listed case for 20 May 2020 for next date of hearing.(KINS)
