news details |
|
|
| HC rejects quashing FIR against petitioner against unlawful activities | | |
Early Times Report
Jammu, Apr 23: Petition filed by Shabir Ahmed Shah Chief of JK Democratic Freedom Party seeking quashment of FIR registered by JIC Jammu U/S unlawful activities, 120-B and 121 RPC, Justice Sunil Hali rejected quashing FIR. Investigation contained in FIR on information received by JIC, some foreign militants lodge in various jail of Jammu Province have been instigated by Shabir Ahmed Shah a separatist leader of Kashmir to wage a war against the State and India. On this report investigation was started, in this connection Mustaq Ahmed Lones son of Ali Mohd and Imtiyaz Ahmed Dar son of Abul Khaliq Dar were subjected to interrogation. In their statements they stated that they were instigated by Shabir to faster the antinational activities. It is contended by the Shabir that after his detention order was quashed, he was illegally detained in FIR No 2/2009 which according to him was uncalled and illegal.
Justice Sunil Hali after hearing Adv PN Bhat appearing for the petitioner and AAG Jagdish Parihar appearing for the state and went through the case and observed that as on today, it has been alleged in the petition that petitioner was initially arrested in the said FIR for which a proper bail was filed before the competent Court. The petitioner, however, has not disclosed as whether he has filed the bail application before the CJM Udhampur. Adv Bhat appearing for the petitioner stated that petitioner was subsequently released in the matter. Justice Sunil Hali further observed that the question which arises at this stage is as to whether there is any ground available to quash the FIR and what material has been collected by the Investigating Agency in this regard. The report of investigating agency stated that after the arrest of petitioner on August 29, 2009, he was taken to GMC Jammu where he was under medical treatment and his statement could not be recorded. It may thus be premature at this stage to find as to whether the petitioner is actually involved in the case or not.
The investigation is proceeding on the basis of recording the statement to militants, as such, it will not be proper for this court to quash the proceedings at this stage. The material clearly discloses the commission of cognizable offence. Justice Sunil Hali in this significant judgment further observed that the only grievance of the petitioner seems to be that he will be again arrested in the FIR only to circumvent any order which may be passed by the High Court while quashing his detention under the public safety act. As and when such an eventuality arises the petitioner can approach the appropriate Court for appropriate remedy, in case the investigating officer intends to arrest him, the petitioner was already arrested and according to advocate Bhat he has been released also. Any subsequent arrest in this FIR would be improper unless the investigating officer discloses fresh material, which has been collected against the petitioner during the intervening period.
With these observations Court dismissed the petition filed by separatist leader Shabir Shah seeking quashmnet of FIR registered against him by Joint Interrogation Center U/S unlawful activities, 120-B and 121 RPC. (JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
