Excelsior Correspondent
Srinagar, June 17: High Court today directed the Police against using coercive method against journalist Gowhar Nazir Geelani who is facing investigation in FIR registered against him under Unlawful Activities Act.
Justice Ali Mohammad Magrey while hearing the plea filed by Geelani for quashing the FIR registered against him said, the petitioner has not shown any reluctance in remaining present with the investigating authority as such directed for not adhering any kind of coercive mode and method against him till next date of hearing.
Justice Magrey said since the investigation is under way for the last more than two months and seemingly the petitioner has not shown any unwillingness in appearing before the investigating authority.
Advocate Salih Peerzada appearing counsel for Geelani submitted that petitioner though harassed is not in custody and undertook to cooperate with the investigation conducted by the police.
Advocate Peerzada further added before the bench that in the event the proceedings of FIR registered in Cyber Police Station are not stayed, the petitioner will suffer irreparable loss.
The Government counsel however, vehemently objected staying of proceedings in FIR and submitted that since the matter is under investigation and as per the settled position of law, there is no scope for the Court to interfere in the Police investigation and sought dismissal of the petitions filed by the Geelani.
Geelani seeks quashing of FIR is already pending before the Court and during the pendency of the case the investigation of FIR has been transferred to Police Station Sadder Srinagar on April 22. Inspector General of Police Kashmir has issued an order on April 22 whereby the investigation of the case has been transferred to Police Station Sadder, Srinagar.
Questioning the transfer of investigation of FIR, he has filed a separate petition through his counsel on various grounds and while highlighting the grievance and apprehension regarding the arrest of the petitioner invited the attention of the court to the objections filed by the police in his previous petition.
Geelani submits that the contents of FIR furnished details regarding the alleged commission of offence by him do not disclose the cognizable offence which is the basis for registration of case by the Cyber Police Station.
Police in opposition to challenging the FIR contends before the court that it has no power to interfere in the matter, as the same is beyond the scope of powers of court under section 482 of CrPC as the investigation has been transferred to Supervisory Authority of Police
Journalist Geelani was booked under stringent anti terror law for his social media post terming these posts as seditious, incendiary and incriminating and for inciting violence.
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