The Jammu and Kashmir High Court in Srinagar on Friday quashed an FIR lodged towards a lecturer of a authorities diploma faculty for allegedly disrespecting the nationwide anthem, as its contents – primarily based on a written grievance by college students – a cognizable offence. will not be.
Dr Tauseef Ahmed Bhat was working as a lecturer on contract foundation in Government Degree College in Bani space of ​​Kathua district. In September 2018, he was booked for allegedly disrespecting the nationwide anthem at a perform organized to have a good time the surgical strikes. The faculty college students in a written grievance introduced the matter to the discover of SDM Bani, who forwarded it to the police.
Hearing each the edges, Justice Sanjeev Kumar noticed that from the perusal of the impugned FIR, it clearly exhibits that it doesn’t attribute to the petitioner any act which is to forestall anybody from singing the Indian National Anthem, or might be tantamount to inflicting an error. engaged in such singing.
“Failure by the petitioner to intentionally or in any other case participate in an meeting involving the singing of the nationwide anthem, and wandering within the faculty premises, the place the meeting was engaged in singing the nationwide anthem, wouldn’t, for my part, quantity to both stopping the singing of the nationwide anthem or such To create any disturbance within the gathering engaged within the singing of.
“The conduct of the petitioner, if willful, might quantity to displaying disrespect to the nationwide anthem and contravening the elemental responsibility conferred on the residents of the nation by Article 51A of the Constitution. The petitioner has already paid the value by dropping his contractual job,” Justice Kumar stated, including that this courtroom is of the opinion that the contents of the FIR usually are not cognizable offenses and, due to this fact, registration of the FIR and organising of investigation mechanism. The movement was not known as. .
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With inputs from TheIndianEXPRESS
