HC issues notice to SSP, SHO

Excelsior Correspondent
JAMMU, Sept 1: In a petition seeking completion of preliminary enquiry into the complaint highlighting pro-freedom speeches by former Chief Minister and patron of National Conference Dr Farooq Abdullah, High Court today issued notices to the Senior Superintendent of Police, Srinagar and Station House Officer Police Station, Nageen.
In the writ petition filed by a social activist Sukesh C Khajuria, prayer has been made for issuance of directions for early completion of the preliminary enquiry initiated on his complaint wherein he has sought directions to the District Magistrate, Srinagar for initiating proceedings under Section 124-A RPC (Sedition) against Dr Farooq Abdullah.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner, Justice Janak Raj Kotwal also issued Dasti Notices and further directed the Registry to list this petition immediately after the completion of service.
Earlier, when the petition came up for hearing, Advocate Sheikh Shakeel Ahmed submitted that on December 5, 2016 Dr Farooq Abdullah while addressing a gathering on the occasion of 111th Birth Anniversary of Late Sheikh Mohd Abdullah at Naseem Bagh (Hazratbal) Srinagar indulged in commission of offence under Section 124-A RPC by uttering seditious/provocative comments.
Again on February 24, 2017 Dr Farooq Abdullah at Nawa-e- Subh Headquarters of National Conference delivered a seditious/provocative speech, he further submitted, adding after repeated RTI applications filed by the petitioner the matter ultimately reached at Police Station Nageen where an enquiry has been initiated in which the investigating officer has summoned the petitioner for making his statement on September 5, 2017.
“Summon has been issued under Section 160 CrPC to the petitioner when no investigation has commenced and only preliminary enquiry has been initiated”, he said, adding “the petitioner has already supplied a Compact Disc of the seditious speeches and relevant newspaper clippings to the police for proceeding further in the matter”.
He further submitted that summon has been wrongly issued under Section 160 CrPC as no FIR has been registered in the matter and only enquiry has been initiated.