Early Times Report
JAMMU, Feb 23: In a significant development, the Additional Sessions Judge Doda, Amarjeet Singh Langeh, has set aside the order discharged by the Chief Judicial Magistrate, Doda, pertaining to the case of U.T of Jammu and Kashmir versus Rashid Annayat, involving allegations of actions against public tranquility.
The case stemmed from accusations against the accused for posting content on his WhatsApp status on March 31, 2020, with the potential to incite disharmony or enmity between different communities. The FIR was filed at the behest of the then D.C Doda, and after investigation, the prosecuting agency sought to charge the accused under section 153-B (c) of the Indian Penal Code (IPC). However, during the trial, the charge was altered to section 153-A of IPC, which requires prior sanction from the competent authority for prosecution.
The Chief Judicial Magistrate, Doda, discharged the accused citing purported lack of sanction. The State filed a revision against this order, which was upheld by the Court of Additional Sessions Judge Doda.
In its ruling, the Court noted that while the trial court had the authority to alter the charge, it must be based on a conscious consideration of the evidence. The Court criticized the trial court for rushing to a conclusion without providing adequate reasons and failing to allow the prosecuting agency an opportunity to produce the required sanction for the altered charge.
The Court directed the Chief Judicial Magistrate, Doda, to reconsider the matter and pass fresh orders, ensuring comprehensive reasons are provided for any decision to alter the charge. Additionally, the prosecuting agency should be given reasonable time to procure the necessary sanction before proceeding with the trial.
Furthermore, the Court highlighted the delayed filing of the revision petition and directed that the matter be brought to the attention of the Director General of Prosecution, Jammu and Kashmir, for appropriate action.
In conclusion, the Court's decision to allow the revisional petition signifies a step towards upholding justice and ensuring proper legal procedures are followed in cases involving offences against public tranquility. |
