OVER TO HC
Journalist and author Gowhar Geelani has moved to Jammu and Kashmir high court with the petition seeking quashing of FIR against him by the authorities under UAPA. On Friday the court has reserved the judgement and may announce it any time onwards.
The lawyer of Gowhar Geelani through video conferencing argued the matter before Justice Ali Muhammad Magray, the counsel for Geelani, has questioned the case against his client and the jurisdiction of the Cyber Police Station, seeking interim protection from arrest and quashing of the FIR.
“The respondent has no jurisdiction to investigate the offences beyond the purview of the Information Technology Act, 2000,” the petitioner argued. “There is no genesis or manner of the commissions of alleged offences mentioned in the FIR, as such, the initiation of persecution being in abuse of process of law can’t be allowed to sustain. The registration of impugned FIR emanates from misuse of police powers, as such liable to be quashed.”
The petitioner has challenged the FIR and investigation on the grounds that “the contents of the FIR do not constitute the offence alleged”. “The anatomy of FIR shows a skeletal formation without the particulars about the date, period or place of offence as required by the format of the FIR. Such visible omissions are deliberate and originate as a result of police padding which create incurable infirmity in the initiation of prosecution,” the petition has argued.
Gowhar has challenged the FIR and subsequent investigation by police and has claimed that all the charges against him were baseless.
He has said in his petition that a person cannot be booked under UAPA for just expressing his opinion in public forum.
