Court dismisses Mehbooba’s plea
D A RASHID
Srinagar, Nov 17: A court on Saturday dismissed Peoples Democratic Party President Mehbooba Mufti’s application seeking rejection of defamation compliant filed against her by National Conference leader and Law & Parliamentary Affairs minister Ali Muhammad Sagar.
Court of Passenger Tax Srinagar, Ashwani Kumar while announcing the decision on the application it had reserved earlier for orders held that there was no prior sanction needed for the prosecution of the accused.
Mehbooba through her counsel had moved an application before the court stating the defamation compliant against her under section 500 RPC was not maintainable as no prior sanction for her prosecution was obtained under section 197 of CrPc.
Counsel submitted that court should not have taken cognizance of the offence punishable under section 500 RPC against a member of Parliament without a prior sanction from the Speaker of Lok Sabha.
Sagar through his counsel submitted that no sanction for the prosecution under section 197 of CrPc was necessary as Mehbooba was not elected member of the parliament and she had not even contested the election and was not declared as winning candidate for Lok Sabha.
Advocates Rafiq Ahmad Bakshi and Shuja Tantray represented Sagar while senior counsel Muhammad Altaf Naik with advocate M Amin Rathore defended Mehbooba.
Lastupdate on : Sat, 17 Nov 2012 21:30:00 Makkah time
Lastupdate on : Sat, 17 Nov 2012 18:30:00 GMT
Lastupdate on : Sun, 18 Nov 2012 00:00:00 IST
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