MUZAMIL BUTT Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The petitioner has challenged FIR No.187/2018 for offence under Sec. 13 ULA(P) Act registered with Police Station, Kulgam

(2.) It is averred in the petition that the petitioner is an advocate practicing in District Court, Kulgam, for last about 10 years. On 21/10/2018, six civilians were killed and more than sixty injured including men, women and children in a blast at a gunfight site at Laroo Village in Kulgam triggering outrage across Kashmir. It is further averred that even Union Home Minister of India condemned these unfortunate killings and expressed his heartfelt condolence to the families of the deceased and announced relief of Rs.5.00 lacs to each family of the deceased. It is also contended that the Governor of Jammu and Kashmir also termed the killing of six civilians as unfortunate. Similar views were published and expressed by several local and national newspapers. It is averred that the petitioner, being a resident of the village in which the tragedy had happened, made certain comments regarding the incident on the Facebook. According to the petitioner, the theme of these posts was that there has been negligence which led to the killing of these civilians and that District Police, Kulgam, and the local administration were principally responsible for the same. The petitioner is stated to have expressed his outrage and shock on similar other incidents in his Facebook posts and has also made comment that India has lost opportunity to resolve the issue with Pakistan by not responding to the offer of the Prime Minister of Pakistan.

(3.) According to the petitioner, there is nothing illegal in the posts which were uploaded by him on his Facebook but still then on the basis of letter dtd. 13/11/2018, issued by respondent No.2 to respondent No.3, the impugned FIR has been registered by branding him as an antinational element. It is contended that the action of the petitioner does not come within the definition of 'unlawful activity' as contained in Sec. 2(o) of ULA(P) Act. Thus, according to the petitioner, on the face of it, the allegations made in the FIR do not constitute an offence against the petitioner and, as such, the same is liable to be quashed.