HC stay trial court order directing registration of FIR against SSP & Ors
JKUT (Jammu), November-03-2021-( JNF):- Justice Rajneesh Oswal of J&K High Court stayed the order of Trial Court whereby Trial Court directed registered FIR against SSP Sridar Patil, DySP Parupkar Singh and SHO Naresh Sharma.
This signficiant order has been passed in a petition filed by Sridar Patil and ors seeking quashement of order dated 13.8.2021 passed by the 1st addl. sessions judge jammu in revision petition titled sr. superintdent of police and others vs neha chawla and further, setting aside and quashing of order dated 6.6.2020 passed by the court of 2nd addl. munsiff jammu in complaint titled neha chawla vs senior superintentdent of police and others whereby the ld court has directed the igp to get the investigation in the case.
During the course of arguments AAG Aseem Sawhney appearing for the petitioners submitted that the law on the subject and the legal protections of the petitioners, who are Police officers in the J&K Police, the petitioners feel duty bound to narrate and submit the facts of the case which have led to filing of this petition and seeking justice from this Court.
He further argued that on 27.5.2020 one Constble Abdul majid No. 2882/J Son of Abdul Rehman R/o Banihal at that time posted at Police Post Parade, Jammu approached the Cyber Police Station Jammu with an application wherein he submitted that his Facebook account with profile name “Abdul Majeed” was hacked by some unkown person who has posted some photographs of communally sensitive nature on his said account. The photographs have the capability to hurt religious sentiments of Hindu community and requested for blocking the fake ID and takling action under law against the said person and on receipt of the said complaint/ application the Insepctor of the Cyber Cell Police Station Jammu vide letter dated 27.5.2020 requested “Facebook’s Incharge Law enforcement response team to identify the hacker and provide the details of the said person for action under law.
The cyber Police Station on 27.5.2020 served a notice to the Incharge Face book (social networking site) to provide the whereabouts of the person who had hacked the account of the victim/ complainant and posted objectionable pictures therein for further course of action. After multiple reportings for posting objectionable posts the said page was deactiviated by the FACEBOOK at arount 1245 hours on 28.5.2020. Thereafter on seaching the URL in question, FACEBOOK responded and prompted “sorry, this content is not avilable at the moment”. On the same day i.e. on 28.5.2021 at 11.21 PM one Mr. Arjun Chawla who is the son of the respondent posted on the twitter account (another social networking site) the screen shots of the said objectionable photographs from a facebook page JK Dugger Express (1 day old post) and tagged it with the Tweeter accounts of J&K Police @JmuKmrPolice, @ ZPHQJammu, @IGPJmu, @DIGrjk, @SPVaid, @Digjsk, @ Muneerkhanips, @ Sandeep_IPS_JKP, @Hussain_intiaz, @Kvijaykumarips, @Tahir_A, @ Bhatray, @mansha_beig, @ashkoor, @Thefarooqqaiser, @WCCBHQ, @SA_bobde, @merciforanimal, @Animalplanet, @PETA, @Dis_pol_jammu telephonically using his twitter account and without verifying the veracity of the photographs and post which ws highly objectionable posted and tweeted the same even after the fact that the FACEBOOK authpority had deactivated the said page. the posts shared by the said Arjun Chawla had the tendency of triggering communal voilence and riots and the said tweet was also shared by him on so many Police officers’s tweet IDs that the same was both objectionable and tenacioous with the tendency of vitiating the communcal fabric and enviornment of the society in Jammu and Kashmir and even rest of India.since the Police was already inquiring into the complaint regarding the hacking of the account and posting of such material which could also be an enemy act of cyber terrorism as defined in the UAPA Act, therefore the since the said Arjun Chawla’s tweet were adding to the agenda of the said acts, he was called in the Cyber Cell Police Station through SHO Police Station Janipur for inquriing into his connections, motive and also questiing him to see if he had any links with this act of cyber terrorism and causing communal imbalance and disharmony. After questining said Arjun Chawla and verifying his antecedentas it came to fore that he was a student of Law and was allowed to leave after proper advice not to repeat such acts in future.
It is further submitted that while there was COVID lockdown in the Subordinate Courts the entire work was being done on virtula mode, therefore as a retailatiory action and to wreck vengeance the Arjun Chawla mother- Neha Chawla – respondent herein filed a criminal complaint against the petitioners, and the allegations as per the subject of the complaint dated 4.6.2020 are ”Criminal Complaint against SSP, DSP & SHO for harassment abusing my son making video without consent taking photographs through mobile, threatening us to face dire consequences like arresting my son, in absence of women constable, forcing to sign in Urdu languagae sheet, forcing/ forced to sign muchalka forcing illegal posession on my mobile with criminal conspiracy and ccriminal intimidation. Making dual statement on phone call recorded in person with us stating my son complainant and later making my son accused. Not following judgment of Hon’ble Supreme Court of India passed in DK Basu Vs State of West Bengal”.JNF