Court dismisses application seeking FIR against MLC, Bar goes on strike

JAMMU: In a fresh turn of events, Sub-Judge Jammu Kusum Pandita dismissed the complaint seeking registration of FIR against National Conference MLC Showkat Ganai on the basis of newspaper items reporting the MLC having stated that Kashmiri Youth have picked up guns and will continue to do so in future and terming Hizbul Mujahideen Militant Commander Burhan Wani as a "Martyr". The court had earlier directed the police to investigate the matter.
Sub-Judge Jammu Kusum Pandita dismissed the complaint with the observation that this court lacks jurisdiction to take any further necessary action in view of the report submitted by the police.
According to the report submitted by the police, the complainant Mohammad Sadiq Khan, son of Ali Khan, resident of Anantnag, at present Sidhra Tehsil, District Jammu, never came to the police station for lodging any complaint and moreover the place of occurrence was neither mentioned in the complaint nor in the affidavit sworn by the complainant before the Magistrate. It was further submitted that after preliminary inquiry it was found that the statement attributed to MLC Showkat Ganai had been made during the proceedings on the floor of the Upper House.
After hearing CPO Jawaid Khawaja for the police, Sub-Judge Jammu Kusum Pandita observed that upon the perusal of the report submitted by the police what comes to the fore is that the matter pertains to the proceedings on the floor of Upper House and that the complainant had suppressed this material from the Court.
The Sub-Judge said that 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 or remarks made during the proceedings of the House cannot be called in question in any court of law and dismissed the complaint.
Meanwhile, the Bar Association Jammu decided to abstain from work for three days commencing from Thursday in all courts of Jammu District, including Tribunals in protest against the privilege motion moved against a Judicial Officer.
The Bar unanimously decided to oppose the Privilege Motion moved by NC legislator Bashir Ahmed Veeri against Sub Judge, Jammu, Kusum Pandita.
The Bar said that the statement made by MLC Showkat Ganai that "Kashmir youth have picked up guns and they will continue to do so in future" and describing HM terrorist Burhan Wani as a Martyr does not come under any immunity in terms of Section 72 of J&K Constitution.
The Bar Association has called upon the Chairman of the J&K Legislative Council and all the members appointed, elected from Jammu region to stand united against the privilege motion and seek its withdrawal. JNF