J&K HC grants last and final opportunity to DM Srinagar to file affidavit in Dr. Farooq Abdullah pro-freedom speeches case
Jammu, April 4
In a significant order, Justice Sindhu Sharma of High Court of Jammu & Kashmir and Ladakh (Jammu Wing) has granted last and final opportunity of three weeks to the District Magistrate, Srinagar to file an affidavit in the allegedly pro-freedom speeches made by former J&K Chief Minister Dr. Farooq Abdullah. Emimemt social activist Sukesh.C.Khajuria has sought action against Dr. Farooq Abdullah for his seditious utterances as per the Constitution of the country.
The court gave the final opportunity in the light of the previous orders dated February, 10, 2022 and March, 24, 2022 whereby the Court had directed AAG Amit Gupta, the government counsel appearing for District Magistrate, Srinagar to file an affidavit in response to the status report filed by SSP, Srinagar wherein the SSP, Srinagar had submitted that SHO P/S Nageen, Srinagar had taken up the matter with the District Magistrate, Srinagar and had submitted a detailed report in this regard to him. In the said status report of SSP, Srinagar it was further submitted that appropriate response from the District Magistrate, Srinagar is awaited.
These court directions were passed in the much publicized writ petition (OWP No.1437/2017) preferred by Sukesh C. Khajuria for initiating action against Dr. Farooq Abdullah, Former Chief Minister, J&K and Chief Patron, National Conference for his 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 Sheikh Shakeel Ahmed with Advocates Rahul Raina and Mohd. Zulkarnain Chowdhary appearing for the petitioner-Sukesh C. Khajuria invited the attention of the Court towards the orders dated February, 10, 2022 and March, 24, 2022 whereby the Court had granted time to AAG Amit Gupta to file affidavit of District Magistrate, Srinagar particularly after the submission of status report dated December 10th, 2021 filed by the SSP, Srinagar based upon the steps taken by SHO, Police Station, Nageen on the complaint of Social Activist Sukesh C. Khajuria wherein he demanded action against Dr. Farooq Abdullah for his two pro-freedom speeches.
Advocate S.S. Ahmed appearing for whistleblower Sukesh C. Khajuria further submitted that more than five years have elapsed in the matter and it appears that District Magistrate, Srinagar is not inclined to proceed further in the matter against highly influential Former Chief Minister of the erstwhile J&K State as despite specific directions issued by the Court, the affidavit is not being filed by the District Magistrate, Srinagar when the complainant/petitioner Sukesh C. Khajuria has already supplied the Compact Disc (CD) and newspaper clippings to the then AAG Aseem Sawhney containing the pro-freedom speeches made by Dr. Farooq Abdullah.
At this stage Senior AAG S.S. Nanda and AAG Amit Gupta and Advocate Sanchit Verma and AAG Raman Sharma appeared for District Magistrate, Srinagar and SSP Srinagar and requested for extending the time for filing the affidavit of District Magistrate, Srinagar and Justice Sindhu Sharma reluctantly granted last and final opportunity of three weeks to the District Magistrate, Srinagar to file an affidavit in terms of the previous orders dated February, 10, 2022 and March, 24, 2022 and looking into the importance of the matter directed the Registry to re-notify the instant matter on April, 22, 2022.