Brothers seek revocation of FIR on anti-State slogans
COURT SEEKS OBJECTIONS FROM GOVT
Srinagar, Apr 21: The High Court has sought objections from state Government on a petition challenging FIR for allegedly raising anti-State slogans against two brothers, one of whom has worked in the Chief Minister’s Secretariat.
Police on July 9, 2010, registered an FIR against two brothers Muhammad Altaf Zulla and Muhammad Rafiq Zulla sons of Ghulam Muhammad of S R Gunj Srinagar for their alleged involvement in raising anti-national slogans, which was later proven wrong by departmental enquiries.
Altaf is PA to Member J&K Special Tribunal and Rafiq is posted as PA to Additional Secretary to Government, Agriculture Production Department.
FIR alleges that the brothers were found raising slogans against the State inside a mosque resulting in protest demonstrations in the area in last summer’s unrest. The duo was arrested and later released on bail.
However the brothers were put under suspension for remaining in police custody for more than 48 hours. They were attached with their respective departments and departmental enquiries were initiated against them.
The Registrar J&K Special Tribunal, who was appointed as enquiry officer in Altaf’s case, in his report framed in consultation with police said: “Prior to registration of present FIR nothing has been found adverse in police records against Altaf.” Interestingly, during the enquiry it was found through a certificate issued by Assistant Registrar J&K Special Tribunal that Altaf was present in his office on July 9, 2010, when police accused him of raising anti-State slogans.
“The official was discharging the duties to the best of his abilities and has been found trustworthy,” enquiry report said. The enquiry report was submitted to the Government and for appropriate orders comments from Chairman, J&K Special Tribunal were sought. The Chairman endorsed the report and said, “Official enquiry report is based on factual evidence.”
Similarly, the enquiry against Rafiq was confined to his official conduct. The Enquiry Officer, Special Secretary to Government, Agriculture Production Department, Gazanffer Hussain, said: “Rafiq has remained posted in some highly sensitive offices and CID enquiry is periodically conducted in respect of the officials during the period they remain posted in Chief Minister’s Secretariat.” The enquiry officer found nothing adverse against him.
The brothers, aggrieved of the FIR in police station MR Gunj, filed a petition before High Court and sought its quashment.
Their counsel Advocate Javed Iqbal termed the FIR malafide in nature and to malign the images of the brothers. While contending the FIR, Iqbal said, “Impugned FIR has caused substantial miscarriage of justice to his clients. If it (FIR) remains in operation, it is likely to cause great prejudice to the rights and interests of my clients.” The consequence of the quashment of FIR was that suspension order would be withdrawn, Iqbal said.
While hearing the petition, court issued notice to state Government to respond within two weeks.
Lastupdate on : Thu, 21 Apr 2011 21:30:00 Makkah time
Lastupdate on : Thu, 21 Apr 2011 18:30:00 GMT
Lastupdate on : Fri, 22 Apr 2011 00:00:00 IST
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