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| Alleged Religious enmity case: HC stays proceedings till next hearing | | | Early Times Report
Jammu, Feb 11: In a petition filed by CM Khanna r/o All Saints Church Sonawar Srinagar at present Prem Nagar seeking quashment of FIR NO 186/2011, Justice JP Singh of J&K High Court Jammu Wing issued notice to State of J&K through Principal Secretary Home Dept, Director General of Police J&K, SSP Srinagar and SHO Police Station Ram Munshi Bagh, Srinagar. Court further ordered the police to furnish police diaries and stayed further proceedings in the FIR until next hearing.
In a petition filed by CM Khanna r/o All Saints Church Sonawar Srinagar at present Prem Nagar has filed a petition seeking quashment of FIR NO 186/2011 dated October 29, 2011 u/s 153-A/295-A RPC and 66-A IT Act registered at Police Station Ram Munshi Bagh, Srinagar, Justice JP Singh of J&K High Court Jammu Wing after hearing Advocate BS Salathia assisted by Adv Monish Chopra issued notice to State of J&K through Principal Secretary Home Dept, Director General of Police J&K, SSP Srinagar and SHO Police Station Ram Munshi Bagh, Srinagar and ordered that send the police diaries and further proceedings in the FIR are stayed until next date.
In the petition it was submitted that petitioner is Pastor of All Saints Church Srinagar and some persons with malicious and deliberate intention expressed apprehension of spreading religious enmity due to which public tranquility may also be disturbed. On this information police registered a FIR NO 186/2011 u/s /s 153-A/295-A RPC and 66-A IT Act on October 29, 2011 and a Special Investigating Team started investigating the matter
In the petition it has been submitted that before the Registration of FIR, the petitioner was summoned by Supreme Court of Islamic Shariet (Central Dar-ul Futwa) J&K Srinagar Kashmir Vide his letter dated October 26, 2011 whereby the petitioner was asked to present himself in their office at Shah Faisal Colony Soura on October 28, 2011.
The petitioner reserve s his right to extend challenge i.e. as to whether the existence of such Court has nay sanction of law, besides, its competence to issue summon to the petitioner, however, petitioner was again summoned to attend the said Court on November 11, 2011.
The petitioner was so pressurized that he had no option but to respond to the dictates of a Court which he firmly believes has not legal sanctity.
In the petition it has been further submitted that it was in this back ground that police arrested the petitioner on November 19, 2011 and was then kept at Police Station Kothi Bagh under illegal detention.
Petitioner further submitted in the petition that as per the reports coming in media tell that Sharia Court on January 19, 2012 issued a Fatwa (decree) expelling five Christians including petitioner imposing complete life ban on them for entering the state of J&K. henceforth the petitioner submitted that even the essential requirements of penal provisions alleged are not prima-facie satisfied and this FIR impugned cannot form the foundation or constitute the starting point of a lawful investigation and prayed for quashing the FIR NO 186/2011 and all subsequent proceeding arising out of aforesaid case. (JNF) |
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