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Court dismisses application seeking registration of FIR against MLC

Bar to suspend work against privilege motion

Excelsior Correspondent

JAMMU, Jan 18: Sub-Judge Jammu Kusum Pandita today dismissed the application seeking registration of FIR against Showkat Ganai, Member of Legislative Council, who had stated on the floor of the House that Kashmiri youth have picked up guns and will continue to do so in future besides describing HM commander Burhan Wani as martyr.
“The police has submitted report mentioning that applicant Mohd Sadid Khan, son of Ali Khan of Sidhra never came to police station for lodging any complaint. Moreover, the place of occurrence was neither written in the complaint nor the affidavit sworn by the complainant before the Magistrate”, Sub-Judge said.
After hearing CPO Jawaid Khawaja appearing for the police, the court observed, “from the report submitted by the police it came to the fore that matter pertains to the proceedings on the floor of Upper House, which applicant has not mentioned in the application”, adding “in view of the privileges and immunities enshrined in Article 194(2) of the Indian Constitution read with Section 72(2) of the Constitution of Jammu &Kashmir, any statement/ remarks made during the proceedings of the Legislature cannot be called in question in any court of law”.
With these observations, court dismissed the complaint.
Meanwhile, J&K High Court Bar Association Jammu has decided to suspend work for three days from tomorrow in protest against the privilege motion moved against the Judicial Officer.
The Bar in a meeting unanimously decided to oppose the privilege motion moved by the NC legislator Bashir Ahmed Veeri against the Sub Judge Kusum Pandita.
“The MLC doesn’t enjoin immunity in terms of Section 72 of J&K Constitution”, the Bar said, adding “the immunity to a member of legislature is restricted to the freedom of speech and expression within the framework of Constitution and cannot be extended to any statement which is against the interest or sovereignty of the State and / or above law and the Constitution”.
“No legislator is justified in law or Constitution to support or make any statement which amounts to sedition in terms of Section 124-A Ranbir Penal Code and claim immunity from such seditious statements”, the Bar said.
Bar Association has called upon the Chairman of the Legislative Council and all the members appointed /elected from Jammu region to stand united against the privilege motion and seek its withdrawal failing which the Bar Association shall take all legitimate recourses against such illegal privilege motion.

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