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J&K HC directs Srinagar District Magistrate to file affidavit explaining the steps taken by him in Farooq Abdullah pro-freedom speech case

J&K HC directs Srinagar District Magistrate to file affidavit explaining the steps taken by him in Farooq Abdullah pro- freedom speech case

Jammu, Feb 12

In a significant order, Justice Sanjeev Kumar of High Court of Jammu & Kashmir and Ladakh (Jammu Wing) has directed the District Magistrate, Srinagar to file an affidavit in response to the status report filed by the Senior Superintendent of Police, Srinagar  explaining therein the steps taken by him on the communication of the SSP, Srinagar regarding the initiation of action against Dr. Farooq Abdullah former Chief Minister J&K and Patron National Conference on his alleged pro-freedom speeches in 2017.

Sukesh C. Khajuria, a social activist of the state had filed a complaint for his alleged seditious/Pro-Azadi speeches made on the occasion of 111th birth anniversary of Late Sheikh Mohammad Abdullah at Naseem Bagh (Hazratbal) Srinagar and another speech on February 24th, 2017 at Nawa-e-Subh Headquarters of National Conference at Srinagar during the 2nd Death Anniversary of Former General Secretary of National Conference Sheikh Nazir Ahmed.

Advocate S.S. Ahmed appearing for the petitioner Sukesh C. Khajuria invited the attention of the court towards the status report dated December 10th, 2021 filed by the SSP Srinagar and SHO Police Station, Nageen and submitted that in view of the averments made in the said compliance report, it is necessary to seek the response of the District Magistrate, Srinagar as to what steps he has taken to ensure that the matter is taken to its logical conclusion.

Justice Sanjeev Kumar after going through the status report filed by the SSP, Srinagar observed that the SHO Nageen has taken up the matter with the District Magistrate, Srinagar and has submitted a detailed report in this regard to him. Justice Sanjeev Kumar further observed that in the said status report, it is further disclosed that the appropriate order/response from District Magistrate, Srinagar is awaited.

After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Sukesh C. Khajuria, who has been seeking registration of FIR against Dr. Farooq Abdullah for his Pro-Azadi/Seditious Speeches,  Justice Sanjeev Kumar further observed that in the face of the compliance report filed by the SSP Srinagar, it becomes necessary to have the reply affidavit of the District Magistrate, Srinagar. AAG Amit Gupta appearing for the Home Department sought time to file an affidavit in this regard.

After considering the submissions of both the sides, Justice Sanjeev Kumar granted four weeks time to AAG Amit Gupta appearing for the UT Administration to file an affidavit explaining therein the steps taken by the District Magistrate, Srinagar in response to the status report filed by the SSP, Srinagar regarding the action initiated against Dr. Farooq Abdullah former Chief Minister,J&K and Patron National Conference for his Seditious/Pro-Azadi speeches. Looking into the importance of the matter the court directed the Registry to list this matter on March 24, 2022

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