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Delhi Court to pass order on plea seeking FIR against Syed Ali Shah Geelani, others

Sunday, 9 February 2014 - 9:59am IST | Agency: PTI

A Delhi court has fixed February 19 for pronouncing its order on a plea seeking registration of an FIR against separatist leader Syed Ali Shah Geelani and three others for purportedly instilling "hatred" among the people of Kashmir and other parts of India.

Metropolitan Magistrate Vijeta Singh reserved the order after hearing the arguments advanced by the two complainants. "Be listed for order on application under section 156(3) CrPC on February 19," the court said. The complainants had claimed that Geelani, chief of hardline Hurriyat Conference, had on several occasions "threatened the safety and security of government of India and its citizens" by delivering hate speeches.

During the arguments, the counsel appearing for the two complainants said that the court has the jurisdiction to order registration of FIR as the alleged statements given by Geelani and three others have been heard in Delhi as well.

On the issue of special status and applicability of Ranbir Penal Code in Jammu and Kashmir, the lawyer argued that these four persons were Indians and therefore, the penal provisions under IPC and other acts were applicable on them.

Earlier, the court had sought an explanation from the two complainants as to how provisions of IPC are applicable in the matter as the purported offences have been allegedly committed by Geelani and three others in Jammu and Kashmir. The court's order came after it went through the Action Taken Report (ATR) of Delhi Police which said the alleged offence did not fall in its jurisdiction and the probe cannot be carried out under Indian Penal Code (IPC) as it is not applicable in Jammu and Kashmir where the penal provision is under Ranbir Penal Code (RPC).

Besides Geelani, the complaint had also sought lodging of FIR against Tehreek-E-Hurriyat general secretary Mohammad Ashraf Sahrai and two Hurriyat Conference members Masarat Alam Bhat and Ghulam Nabi Sumji for offences under various sections of IPC, including 121 (waging or attempting to wage war against country) and 153A (promoting enmity between classes).


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