Srinagar, July 10, 2021 (PPI-OT):In Indian illegally occupied Jammu and Kashmir, the High Court has quashed an FIR registered against a lecturer for allegedly dishonouring Indian national anthem during an official ceremony.
Justice Sanjeev Kumar of High Court Srinagar Wing quashed the FIR against Dr Tawseef Ahmad But, lecturer in Government Degree College Bani in Kathua district citing the reason the accusations against the accused do not constitute a cognizable offence and, therefore, registration of FIR and setting the investigating machinery in motion was not called for.
The Court delivered the judgment on a writ petition by Dr Tawseef Ahmad Butt who had challenged an FIR registered by Police Station, Bani, against him on the charges of disrespecting the Indian National Anthem by not standing up when it was being sung during the assembly. The FIR was registered when Dr Tauwseef was working as lecturer in Government Degree College, Bani, on contractual basis during 2017-18.
The Court ruled that not standing up while the Indian National Anthem is being sung is not an offence.
“The observations made by SDM, Bani, that on enquiry he found that the petitioner had intentionally caused disturbance in the assembly engaged in singing National Anthem is clearly an afterthought and was not part of the complaint made before him by the students nor is such observation supported by any material particulars,” Justice Sanjeev Kumar said.
With these observations, Justice Kumar maintained that in these circumstances allowing the investigating machinery to proceed in the matter would be an abuse of process of law and quashed the impugned FIR.
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