JAMMU: The J and K State High Court Bar Association Jammu on Wednesday decided to abstain from work for three days from 19th January, 2017 in all Courts of Jammu district including Tribunals, to protest against the privilege motion moved by NC MLC Bashir Ahmed Veeri against the Sub Judge, Jammu Kusum Pandita.
It was decided that the statement made by MLC, Showkat Ganai that “Kashmir youth have picked up guns and they will continue to do so in the future and also described the Hizbul Mujahideen Commander Burhan Wani as a martyr” doesn’t enjoin him any immunity in terms of Section 72 of J&K Constitution.
The immunity to a member of legislature is restricted to the freedom of speech and expression within the framework of Constitution and cannot be extended to any statement which is against the interest or sovereignty of the State and/or above law and the Constitution.
The Bar Association said that Burhan Wani was declared as a terrorist and was a commander of Hizbul Mujahideen, a terrorist organisation who was killed in an encounter. No legislator is justified in law or constitution to support or make any statement which amounts to sedition in terms of Section 124-A Ranbir Penal Code, Svt. 1989 and claim immunity from such seditious statements.
The Bar Association called upon the Chairman of the J and K Legislative Council and all the members appointed/elected from Jammu region to stand united against the privilege motion and seek its withdrawal failing which, the Bar Association shall take up the matter and take recourse to all legitimate recourses against such illegal privilege motion.
Meanwhile, the Sub-Judge, Jammu Kusum Pandita rejected the application seeking registration of FIR against Member Legislative Council (MLC), Showkat Ganai.
The registration of FIR was sought on the basis of a newspaper report in which aforementioned MLC had stated that the Kashmiri youth have picked up guns and they will continue to do so in future, besides describing Hizbul Mujahideen Commander Burhan Wani as a martyr.
According to police report, the applicant Mohd Sadid Khan, son of Ali Khan, resident of Anantnag, at present, Sidhra in Jammu never came to the Police Station for lodging any complaint. However, the place of occurrence was neither written in the complaint nor the affidavit sworn by the complainant before the Magistrate.
After the preliminary inquiry, it was found that statement attributed to MLC, Showkat Ganai was made during the proceedings on the floor of the Upper House.
After hearing Chief Prosecuting Officer, Jawaid Khawaja, the Court observed that the matter pertains to the proceedings on the floor of Upper House, which the applicant neither mentioned in the application nor in the affidavit and suppressed the material before the Court.
In view of the privileges and immunities enshrined in Article 194[2] of the Indian Constitution read with Section 72[2] of the Constitution of Jammu and Kashmir, any statement/remarks made during the proceedings of the Assembly cannot be called in question in any Court of law.
With these observations, the Court dismissed the application.