The plea for registration of FIR against hardline separatist Kashmiri leader Syed Ali Shah Geelani and three others for allegedly instilling “hatred” among the people of Kashmir and other parts of India was on Thursday rejected by a Delhi court on the grounds that the offence could not be dealt with under the Indian Penal Code as the same does not apply to the State of Jammu & Kashmir.
Metropolitan Magistrate Vijeta Singh Rawat dismissed the plea for a police probe against Mr. Geelani, Tehreek-e-Hurriyat general secretary Mohammad Ashraf Sahrai and Hurriyat Conference members Masarat Alam Bhat and Ghulam Nabi Sumji saying the alleged offences were committed within the State of J&K where the provisions of Ranbir Penal Code apply.
“...the complainants were especially asked to address the court on the applicability of IPC to the allegation made. In reply thereto, the complainants stated that the videos have been viewed in Delhi. (This contention being more applicable to the alleged offences in the virtual world does not have much implication)...
“However, in considered view of this court, there is no doubt on the aspect of non-application of the IPC on omission and commission in the State of J&K which has been accorded special status by virtue of Article 370 of the Constitution and has limited the power of Indian Legislature...,” the court said.
The court order came on the plea filed by two complainants who had claimed Geelani had on several occasions “threatened the safety and security of the government of India and its citizens” by delivering hate speeches.
