Complaint filed in Court seeking registration of FIR
CJM holds that Court cannot intervene what had happened in Legislature
16/02/2018
JAMMU, Feb 15: In a complaint filed by Shakti Uppal a Social Work and claimed to be worker of National Confere direction in the name of concerned police for registering the FIR against the above named accused U/S relevant section for committing anti-national activities like slogans “Pakistan Zindabad” in the J&K Assembly Hall on 10-2-2018. nce in Social Site, Chief Judicial Magistrate Jammu Ashwani Shama while rejecting the complaint observed that is a sitting MLA as such, FIR cannot be lodged against him being a privileged person within the meaning of Sec.72(2) of the Constitution of J&K, as such, the court cannot intervene what had happened in the house of the legislature.
In the application filed by Shakti Uppal that on dated 10.02.2018 the above named MLA has shouted antinational slogans in the J&K Assembly Hall at Jammu as like Pakistan Zindabad" which is clearly against the constitution of India and MLA has been elected from the Sonawari Constituency and almost he taken oath after his election as MLA. Due to this unlawful and illegal activity for such elected person. Since the said MLA has committed the offence intentionally and deliberately and also to cause loss and damage the integrity /sovereignty of the country a strict action under law should be taken against him including to cancel his membership from his party.
Applicant further submitted that in case no appropriate action is taken against him the other activists will encourage and will cause loss and damage to the sovereignty the country and prayed that while considering above facts and submission those to be urged at the time of arguments, necessary directions to be issued to the concerned police to register FIR under relevant section and also his membership from his party be cancelled. JNF
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