The Jammu and Kashmir High Court on Friday sought response of the government on a petition by journalist Gowhar Geelani, seeking quashing of FIR against him under the Unlawful Activities (Prevention) Act.
While hearing the petition filed by Mr Geelani, Justice Ali Mohammad Magrey issued a notice to the government, asking it to clear its stand and response before the next date of hearing scheduled for May 20.
Mr Geelani in his petition, through his counsel Salih Peerzada, questioned the FIR against him and the jurisdiction of the Cyber Police Station. The petition has sought annulment of the FIR, besides interim protection from arrest.
The petition said that the registration of the impugned FIR emanates from the misuse of police powers, as such liable to be quashed. “The respondent has no jurisdiction to investigate the offences beyond the purview of the Information Technology Act, 2000. 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 the process of law can’t be allowed to sustain,” it added.
Police on Tuesday booked Gowher Geelani, a Kashmir based journalist, for allegedly indulging in unlawful activities though his posts on social media.
A statement issued by police said that Cyber Police Station Kashmir Zone, Srinagar has received information through reliable sources that an individual namely ‘Gowher Geelani’ is indulging in unlawful activities through his posts and writings on social media platform. “The posts are prejudicial to the national integrity, sovereignty and security of India,” it said.
It said that the alleged unlawful activities include glorifying terrorism in Kashmir Valley, causing disaffection against the country and causing fear or alarm in the minds of public that may lead to commission of offences against public tranquility and the security of State.
“Several complaints have also been received against the Mr Geelani for threatening and intimidation,” it said, adding a Case FIR No. 11/2020 under the relevant sections of law has been registered at Cyber Police Station Kashmir and investigation has been initiated.
Two more media persons, including a women photo-journalist, were also booked by police on Monday. Kashmir-based journalist Peerzada Ashiq, who works for ‘The Hindu’ was on Monday booked for allegedly publishing ‘fake news’ regarding an encounter and subsequent development in south Kashmir district of Shopian. On Monday, a Kashmir-based young woman photojournalist, Masrat Zahar, was also booked for uploading alleged ‘anti-national posts with criminal intention to induce the youth and to promote offences against public tranquility’ on Facebook.
The action by the police has drawn sever criticism by different sections of society, including politicians, media fraternity and common people. Soon after the FIRs, hashtags #IStandWithMasratZahra, #IStandWithPeerzadaAshiq, #IStandWithGowharGeelani started trending on Twitter.
Meanwhile, expressing concern, all political parties, including National Conference NC, PDP, JKAP, CPI (M) and PC have demanded withdrawal of cases against the journalists. Kashmir Press Club has also sought withdrawal of the cases and urged authorities to stop alleged harassment of media fraternity in the valley.
However, defending the filing of FIRs against the journalists, Inspector General of Police (IGP), Kashmir, Vijay Kumar, said that J&K Police has always maintained highest regard for freedom of press.
He said that only one journalist has been questioned about a journalistic work as only one FIR of instigating people for violence has been registered over an encounter in Shopian at Police Station Anantnag. “The remaining two persons have not been booked for any journalistic work, but because of the reason that they have posted explicitly seditious, incendiary and incriminating texts on social media, challenging sovereignty and integrity of India and attempting to instigate people for violence,” Mr Kumar said.