Srinagar: “Sheer abuse of the process of law,” the J&K High Court said and quashed the police’s FIR and investigation and the subsequent court proceedings against Councillor of the Ladakh Autonomous Hill Development Council, Kargil (LAHDK) after recording that the offences charged against the petitioner are not being made out.
The petitioner, Zakir Hussain, and another Nisar Ahmad Khan were booked by police station Kargil on 18 June 2020 under FIR no. 34/2020 after a video clip of 6.3 minutes allegedly between the two demeaned Indian Forces in the backdrop of Galwan clashes with Chinese Forces.
Justice Sanjeev Kumar while hearing the matter recorded, “It is equally true that the conversation contained in the audio clip, which was circulated on social media by the co-accused Nissar Ahmed Khan, does bring into contempt the government established by law in India, but unless the conversation has the tendency or intention of creating public disorder or disturbance of public peace by incitement to an offence, the same would not be sedition to attract the applicability of Section 124A or for that matter Section 153A or 153B IPC.”
He also said there is even no material to demonstrate any criminal conspiracy between the petitioner and Nissar Ahmed Khan to commit sedition or other offences or prior concert or meeting of minds to commit the offences with which both have been charged by the police.
The court pointed out that the conversation contained in the audio clip, if examined in its entirety, does not make out a case of sedition or the offences under Section 153A, 153B, 505 read with Section 120-B IPC and would be saved by the fundamental guarantee to free speech and expression assured to the citizens of this Country by Article 19(1) (a) of the Constitution of India.
“To conclude, the court noted that for an act to be called seditious in terms of Section 124A of the Indian Penal Code, it should have any word, which can be either written or spoken or signs which include placard/poster (visible representation).
“Must bring or attempt to bring hatred/contempt/disaffection against the Indian State and result in eminent violence or public disorder,” the court said.
Viewed in this aspect, Justice Sanjeev Kumar recorded that there is substance in the petition that the offences charged against the petitioner are not made out and, therefore, the registration of FIR, which has culminated into filing of the Final Police Report without previous sanction from the competent authority before the Chief Judicial Magistrate, Kargil, is sheer abuse of the process of law.
“This Court, therefore, finds it a fit case to invoke its inherent powers vested by Section 482 Criminal procedure code and quash all the criminal proceedings pending against the petitioner including the FIR with regard to the audio clip, which allegedly contains conversation between the petitioner and one Nissar Ahmed Khan,” the court said.

NUSRAT SIDIQ