Early Times Report
SRINAGAR, July 9: Justice Sanjeev Kumar of J&K High Court Srinagar Wing today quashed FIR against Dr Tawseef Ahmad Bhat Lecturer in Government Degree College, Bani, on contractual basis against whom FIR was registered for allegedly dishonouring national anthem in a function held to celebrate the surgical strike with the observations that Executive Magistrate may not be empowered under Section 156(3) of the Code to direct investigation in the cognizable offence. Justice Sanjeev Kumar after hearing both the sides in length observed that in the instant case, it is seen that SDM, Bani, who was presented an application by the aggrieved students narrating the conduct of the petitioner during singing at the beginning of surgical strike celebrations in the College, upon enquiry found that the petitioner had, by his conduct, shown disrespect to the National Anthem and, therefore, liable to be proceeded in accordance with law. Accordingly, he forwarded the application in original to the Police Station, Bani, with a direction to register an FIR against the culprit under rules. The SDM, while forwarding the application, also endorsed thereupon his observations that on enquiry from students he was told that the petitioner had intentionally caused disturbance in the assembly while the National Anthem was being sung and, therefore, dishonoured the National Anthem. Justice Sanjeev Kumar after hearing both the sides observed that from a perusal of impugned FIR, which is based on the written complaint of the students, it clearly transpires that it does not attribute any act to the petitioner which may be tantamounting to preventing anybody from singing the Indian National Anthem or causing any disturbance to the assembly which was engaged in such singing. The conduct of the petitioner, if intentional, may amount to showing disrespect to the National Anthem and a breach of fundamental duty enjoined on citizens of the Country by Article 51A of the Constitution. The petitioner by losing his contractual job has already paid the price. Justice Sanjeev Kumar further observed that this Court is of the opinion that the contents of FIR, which is based upon a written complaint of the students of the College, do not constitute a cognizable offence and, therefore, registration of FIR and setting the investigating machinery in motion was not called for. The observations made by SDM, Bani, that on enquiry he found that the petitioner had intentionally caused disturbance in the assembly engaged in singing National Anthem is clearly an afterthought and was not part of the complaint made before him by the students nor is such observation supported by any material particulars. With these observations, Justice Sanjeev Kumar observed that in these circumstances allowing the investigating machinery to proceed in the matter would be an abuse of process of law and quash the impugned FIR. —JNF |
