Jammu and Kashmir Police have started investigation in a case where an open FIR was registered against those criticising the High Court judgment that upheld the detention of Kashmir Bar President Mian Qayoom on ideological grounds.
바카라I am undergoing chemotherapy. I was called by the police on the phone and asked to appear in the police station as I had criticized the judgment. I told the police that I am undergoing therapy and they didn바카라t press further,바카라 said lawyer Bilal Ahmad Bhat who criticised the said judgmen on social media. He, however, said, his criticism was genuine and he has no regrets about it.
바카라The high court passed a judgment and as a citizen I have every right to comment on the judgment. You cannot book people under FIR for commenting on a judgment on social media,바카라 the lawyer says.
The police said it 바카라received information from reliable sources that certain comments have been uploaded on social media in respect of a recent judgement passed by a division Bench of the High Court of J&K. It prima-facie reveals that the comments so uploaded on social media had been made with the intention not only to disrepute the Hon바카라ble High Court but also causing disharmony in the general public and thereby making an attempt at dissuading the general public from reposing faith in the institution of judiciary바카라, the police said. The police said 바카라comments are also aimed to push the miscreants to cause public disorder in the society.바카라
바카라Accordingly, taking cognizance of the reports, FIR has been lodged under the relevant sections of law and further investigation has been initiated in the case,바카라 the police said.
The police have filed an open FIR 62 of 2020 and registered a case under sections 153A and 505 of IPC.
On May 28, Justice Ali Mohammad Magrey and Justice Vinod Chatterjee Koul dismissed a petition seeking release of High Court Bar Association president Mian Abdul Qayoom saying the detained person should decide whether he has shunned his separatist ideology.
The Court concurred with the observations of the advocate general that said 바카라the ideology nourished and nurtured by the detainee cannot be confined or limited to time qualify it to be called stale or fresh, unless of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology.바카라
Then the division bench concluded that in the light of these 바카라legally rightful and sound argument바카라 taken by the advocate general, 바카라we leave it to the detenue to decide whether he would wish to take advantage of the stand of the advocate general and make a representation to the concerned authorities to abide by it.바카라 바카라Simultaneously, we also leave it to the discretion of the government and the concerned competent authority to take a decision in terms of relevant provisions of JK PSA on any such representation, if made by the detenue.바카라
Qayoom was booked under preventive detention law Public Safety Act (PSA) on August 7 last year after being detained on August 5, 2019, the day Article 370 was abrogated. The aged Bar president was shifted to Agra jail and from there, to Tihar jail.
Qayoom바카라s lawyer, Z A Shah, had trashed the argument that ideology should become the basis of detention saying Article 19 of the Constitution gives a citizen a right of speech as long as he does not violate any law. Shah argued that the fact that there is no case of any criminal nature registered against the Qayoom is an incontrovertible proof of the fact that though the detenue may be holding an ideology but he has not violated any law. 바카라Consequently, his activities could not be said to be prejudicial to the maintenance of public order.바카라
But the Court said the ideology always has an inclination, a natural tendency to behave in a particular way. 바카라When it comes to the propensity of an ideology of nature reflected in the FIRs supported by the intelligence reports we have gone through, we are convinced that it subserves the latent motive to thrive on the public disorder.바카라
Jammu and Kashmir High Court Bar Association has decided to challenge the judgment. 바카라The association decided to call in question the legality and validity of judgement passed in case of HCBA president Mian Qayoom before the apex court by filing a SLP,바카라 the Bar said.
