Jammu DM directs complaint against Farooq Abduallah to Srinagar DM

Monday, May 8, 2017

Jammu: The Deputy Commissioner/District magistrate jammu has sent the complaint of Sukesh C. Khajuria, an eminent social activist and former member of prominent citizen’s advisory committee constituted by J&K government, seeking action under section 196 CrPC against National Conference president and former Chief Minister Farooq Abdullah for alleged sedition charges for extending support to Hurriyat Conference and separatists ``Azaadi'' movement, to the Deputy commissioner/District Magistrate ,Srinagar for necessary action as per the provisions of the law.
Sukesh.C.Khajuria had sought information through a RTI application dated 12-04-2017 regarding action taken report of his complaint. In it’s reply, the office of the Deputy Commissioner/district Magistrate jammu informed that the complaint has been sent to Deputy Commissioner/district magistrate Srinagar, Srinagar along with the compact Disc for necessary action as per relevant provisions of the law.
In an application to the district magistrate, Jammu Dated 28-02-2017, Khajuria has urged for filing complaint against Dr Farooq Abdullah for Commission of offence under section 124-A RPC (Sedition) and other provisions of Law for extending support to Hurriyat conference and separatists ``Azadi" movement and terming militants as freedom fighters and selfless, fearless believers of Allah, who were out to sacrifice their lives for the liberation of their Nation .
Giving Reference of the media reports, Sukesh C. Khajuria stated that DR. Farooq Abdullah, on 5th December 2016,on the occasion of 111th Birth anniversary of his father late Sheikh Mohammad Abdullah at Naseem Bhagh near Hazratbal Srinagar, while addressing a gathering in Kashmiri, indulged in commission of offence under Section 124-A RPC. He had openly sided with the separatists particularly Hurriyat Conference and extended complete support to the separatists for the so called freedom movement and also extended support to the Hurriyat Conference by saying that “BE UNITED , move ahead , take this freedom movement forward and We are with you and not against you. We will never be free if we don’t get united. If we are divided we will be at loss” Dr. Farooq Abdullah also advised his party workers not to give up their allegiance to this movement (freedom movement).

Khajuria alleged that Dr Farooq Abdullah has once again indulged in commission of offence against the state under section 121 and 124-A RPC and other provisions of the law.The activist also cited excerpts from Dr Abdullah’s controversial speech which he made in Kashmiri language at the second death anniversary of former NC General Secretary, Sheikh Nazir Ahmad while addressing party workers on 24-02-2017 at the Nawa-e-subh headquarter of the National Conference in Srinagar.Giving references of the media reports, Khajuria alleged that former CM had stated that Kashmiri youth were not picking up guns for chair but were laying sacrifice for freedom. In his speech, he had stated that "our youth were not sacrificing their lives for becoming, MLA’s, MP’s or Ministers but for their rights. This is our land and we are its rightful owners. The boys joining militant ranks are sacrificing their lives for freedom of their nation." He said a new generation has taken birth in a Kashmir which is not afraid of guns or bullets. "This (generation) is out to achieve the freedom for this Nation."
In his complaint, Khajuria stated that the seditious speeches made by Dr. Farooq Abdullah on December 5, 2016 and February 24, 2017 was an "Incitement to violence" or "Public disorder" and falls within Four Corners/ambit of Section 124-A RPC which falls under chapter VI of the RPC,therefore section 196 of CrPC is attracted.The activist said that under section 196. Prosecution for offence against the State. No court shall take cognizance of any offence punishable under chapter VI or IX-A of the Ranbir Penal code (except section 127 , [and section 171-F, so far as it relates to the offence of personation], or punishable under section 108-A or section 153-A or section 294-A,[or section 295-A ] or section 505 of the Ranbir penal code , unless upon complaint made by order of, or under authority from the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf.
It is pertinent mentioning here that Khajuria had already filed a complaint against Abdullah for commission of offence made by him on December 5, 2016 before the S.H.O Police Station City, Jammu. However, no F.I.R was registered by the S.H.O Police Station City, Jammu. Later, he approached Senior Superintendent of Police, Jammu and his complaint was recieved on January 6, 2017, however, no action has been taken so far.Meanwhile, Sukesh C.Khajuria has also communicated the issue to the President of India Pranab Mukherjee, Prime Minister Narindra Damodar Das Modi, National Security advisor(NSA) India Ajit Doval, Chief of Army Staff Of India Shri Bipin Rawat J&K Governor Shri Narinder Nath Vohra, Home Minister of India Shri Raj Nath Singh,Union Law Minister of India Shri Ravi Shankar Prasad, Chief Minister of J&K State Ms Mehbooba Mufti ( Minister in Charge Home),Minister for Law & Justice of J&K Mr.Abdul Haq Khan ,Union Home Secretary of India Mr.Rajiv Mehrishi ( IAS ), Union Law Secretary of India Mr.Suresh Chandra,Principal Secretary to Govt. Home Department of J&K Mr.Raj Kumar Goyal ( IAS ) , Law Secretary ,Law Department J&K Government Abdul Majit Bhat,Dr S.P. Vaid (IPS),DGP ,J&K & Smt.Sumitra Mahajan, Lok Sabha Speaker.Sukesh c. Khajuria in his complaint had stated that according to the procedure laid down under Section 196 Cr.PC District Magistrate has to file complaint and upon the complaint of the District Magistrate the court shall take cognizance of offence u/s 124-A RPC. From the bare perusal of the complaint and the material enclosed with the complaint, Prima facie case of commission of offence under section 124-A RPC is made out and it warrants indulgence of the District Magistrate to file complaint against the accused.