IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

(THROUGH VIRTUAL MODE)

Reserved on: 27.01.2021

Pronounced on:11.02.2021

CRM(M) No.283/2020

CrlM No. 1098 of 2020

Zakir Hussain

...Petitioner(s)

Through: - Mr. M. A. Rathore, Advocate.

Vs.

UT of Ladakh and ors.

…Respondent(s)

Through: - Mr. T. M. Shamsi, ASGI.

CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.

JUDGEMENT

1.

The petitioner is a Councillor of the Ladakh Autonomous Hill

Development Council, Kargil, (LAHDCK) and claims to be an

educationally qualified and law abiding citizen of the country. He,

however, is aggrieved of registration of FIR No.34/2020 registered in

Police Station Kargil for commission of offences under Sections 124-

A, 153-A, 153-B and 505(2), 120-B of the Indian Penal Code pursuant

to the communication of respondent No.4 dated 19.06.2020. The

petitioner is also aggrieved of the police report submitted by SHO,

Police Station, Kargil to the Court of Chief Judicial Magistrate,

Kargil, in terms of Section 173 of the Code of Criminal Procedure.

The petitioner seeks quashment of FIR and the entire subsequent

proceedings taken pursuant thereto including the order dated

MOHAMMAD ALTAF BHAT

2021.02.11 16:46

I attest to the accuracy and

integrity of this document

2 CRM (M) 283/2020

17.09.2020 passed by the Chief Judicial Magistrate, Kargil.

2.

Before proceeding to consider the grounds of challenge urged

by the petitioner to justify invoking the inherent powers of this Court

vested by virtue of Section 482 of the Cr.P.C. against registration of

FIR and subsequent proceedings taken thereon, it would be

appropriate to notice few material facts.

3.

On 18.06.2020 the police of Police Station Kargil received an

information through reliable sources that an audio clip containing

objectionable conversation, demeaning armed forces of the country in

the backdrop of clashes between Indian Army and armed forces of

China that took place in Galwan Valley of Ladakh region, has gone

viral on social media. Taking cognizance of the information received,

the police registered the subject FIR and set the investigation into

motion. During the course of investigation, it was established that the

audio clip of 6.3 minutes duration that had gone viral on social media

contained a conversation between the petitioner and one Nissar

Ahmad Khan. The conversation was found to be extremely

objectionable containing derogatory references to the role of Indian

Army in the Galwan misadventure of armed forces of China. The

police were of the opinion that the conversation was not only

extremely objectionable and contemptuous of the country but was also

prima facie seditious in nature. The petitioner along with the co-

accused Nissar Ahmad Khan was arrested by the police but was let off

on bail by this Court vide order dated 24.09.2020 passed in Bail

Application No. 67/2020. For this misadventure and indulgence of the

MOHAMMAD ALTAF BHAT

2021.02.11 16:46

I attest to the accuracy and

integrity of this document

3 CRM (M) 283/2020

petitioner in demeaning the role of Indian Army in Galwan conflict as

also bringing the country to contempt by unsavory and objectionable

conversation, the petitioner was also suspended from discharging the

functions of Councillor of LAHDC Kargil. The order dated

25.06.2020 passed by Deputy Commissioner, Kargil, suspending the

petitioner from discharging his duties as a Councilor, is assailed by

the petitioner in WPC No. 1645/2020 and this Court vide its order

dated 04.12.2020 has stayed the aforesaid order. The writ petition is

subjudice in this Court.

In the meanwhile, the police, after investigation, has submitted

final report (challan) in the Court of Chief Judicial Magistrate, Kargil.

The learned Magistrate, before whom the challan was presente