SUSHIL PANDIT Vs. STATE OF J & K

JUDGEMENT

(1.) This petition has been filed by the petitioner under sec. 561-A Cr.P.C. (now 482) for quashing FIR bearing No. 49/2018 dtd. 21/05/2018 for commission of offence under sec. 505 RPC registered with Police Station, Pampore, Kashmir.

(2.) It is stated that the petitioner has been teaching as an adjunct faculty at Indian Institute of Mass Communication at New Delhi for the last twenty years and is a respected member of the society, having clean record and antecedents. It is further stated that the petitioner is an alumnus of the University of Delhi and Jawahar Lal Nehru University and is often invited by numerous universities and colleges, across India for lectures on the history of Kashmir and comments on the current political affairs of India in general and the State of Jammu and Kashmir (now UT) in particular. The petitioner claims to be a familiar face on almost all news channels for panel-discussions and debates on the current affairs and the prevailing security scenario in Kashmir. It is also stated that he has constantly stood by India security forces in their role as the defenders of borders against the external enemies and supported their needs for a free hand to deal with the day to day challenges on the borders. It is further stated that in all his lectures/discussions/debates, the petitioner highlights the unfair disadvantages, brave jawans are subjected to, for political expedience and staunchly advocates against the concessions to the separatists in the State of Jammu and Kashmir (Now UT) and because of his ideology, the petitioner is hated by number of politicians and separatists.

(3.) It is further stated that on 21/05/2018, at about 10 AM, a seminar was hosted by Ms. Seema Mustafa on the issue of Kashmir in India International Center, New Delhi. The speakers included Wajahat Habibullah (Retd. Bureaucrat), Siddiq Wahid (Ex. Vice chancellor), Mohd. Yosuf Tarigami (Ex-MLA), Kapil Kak (Air Vice Marshal, Retd.), Gauhar Geelani (Journalist) and several other politicians and activists from Jammu and Kashmir.