Excelsior Correspondent
Srinagar, Apr 21: The High Court today directed the police to produce a Case Dairy (CD) of the case of journalist Gowhar Nazir Geelani who is facing investigation in FIR registered against him under the offence of unlawful activities act.
Justice Sanjay Dhar while hearing the plea filed by petitioner Geelani for quashing the FIR registered against him directed the Investigating Agency to produce the CD of FIR before the next date of hearing.
The Government objects to the challenge of FIR by submitting 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.
Inspector General of Police Kashmir issued an order whereby the investigation of the case has been transferred to Police Station Sadder, Srinagar.
Geelani submitted 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 posts terming these them as seditious, incendiary and incriminating and for inciting violence and subsequently FIR was registered by Cyber Police State Kashmir for committing offences under unlawful activities Act.
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