A complaint was filed by Sushil Pandit seeking registration of FIR against Roy and Geelani and others.
According to the complaint, the accused made the comments at a convention in New Delhi in October on ''Azadi--The Only Way''.
Hurriyat leader Geelani shared the dais with Roy and pro-Maoist leader Vara Vara Rao among others. The audience had heckled Geelani at that seminar.
The complaint filed under Section 156 (3) of the Criminal Procedure Code with the court on November one alleged that the government had miserably failed to initiate any action against the "culprits of the anti-India seminar so a private complaint against them has been filed".
What is section 156 [3] of the criminal procedure code?
Section 156- Police officer's power to investigate cognizable cases
Sub Section (1)
Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
Sub Section (2)
No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
Sub Section (3)
Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
A Delhi metropolitan magistrate's court ordered registration of FIR against Hurriyat leader Syed Ali Shah Geelani, writer Arundhati Roy and five others for allegedly making anti-India speeches.
Besides Geelani and Roy, the complaint sought prosecution of five others, including Delhi University professor S A R Geelani, and Sheikh Showkat Hussain, a professor of Jammu and Kashmir University.
"The Delhi police is hereby directed to lodge an FIR under relevant provisions of the Indian Penal Code and file a report in this regard on January 6, 2011 the next date of hearing," Metropolitan Magistrate Navita Kumari Bagha said.
The court rejected the status report submitted by the Delhi Police which said no offence relating to sedition and other charges were made out against Geelani and others.
It said there were prime facie cogent evidence against the accused and asked the police to further investigate the allegations and file a compliance report.
The cases will be registered under following sections against Hurriyat Conference leader Syed Ali Shah Geelani, writer-activist Arundhati Roy and five other accused
1.Indian Penal Code Section 124 (A) (sedition),
2.Section 121 (raising war against India), Section 153 (A),
3.Section 153 (B)
4.and Section 295 (spreading hatred and animosity between communities and groups).
The sections invoked are non-bailable and if arrested, they have to approach court for bail.
The maximum punishment, if convicted, is life imprisonment for the offence.
I do not know what policy is there but they should immediately file the appeal against filing of FIR.
Please do not forget before them many people have said this, and many Indians have done more dangerous acts than this, they are enjoying freedom speech
Reality Views by sm –
Saturday, November 27, 2010
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