Jammu & Kashmir & Ladakh High Court Dismisses Plea Against FIR For Facebook Posts Calling For Boycotting Indian Companies, Threatening Non-Locals

As per the allegations made in the impugned FIR, the Petitioner is alleged to have uploaded threatening Facebook posts against the non-locals living in Kashmir. It is also alleged in the impugned FIR that the Petitioner is instigating people to socially boycott those who provide space and land to non-locals, and he is instigating the general public against members of the administration who issue domicile certificates to non-Kashmiris/non-locals.

A Single Bench of Justice Sanjay Dhar remarked, “If we have a look at the impugned FIR and the copies of Facebook posts which have been annexed by the respondents with the status report, it is manifest that these posts have the tendency of promoting enmity between different groups on the grounds of place of birth and residence and these posts are highly prejudicial to the maintenance of harmony.”

Assisting Counsel Nadiya Abdullah represented the Respondent.

Brief Facts

It was further alleged that the Petitioner uploaded many objectionable posts with an intention to instigate one community against other, thereby disturbing the prevailing peace.

The main ground urged by the Petitioner in his Petition for impugning the aforesaid FIR was that the contents of the impugned FIR did not disclose commission of any offence against him.

Court’s Reasoning

The High Court remarked, “In one of the posts, the Village/Mohalla/town committees of Kashmir have been instigated to come together to make sure that not a single non-local lives in their areas. They have been asked to ensure that all non-Kashmiris leave Kashmir. The post contains threats to the officers who issue domicile certificates to non-Kashmiris and call for social boycott of such individuals has also been given in the said post. The post goes on to instigate Kashmiris to collectively fight against settler colonialism.”

The Bench further remarked, “Another post, which is annexed as Annexure-II to the status report filed by the respondents, contains a call for boycotting India, Indian companies and to initiate movement against India. In the said post, it has been stated that by doing so, India will give up Kashmir.”

“From a bare reading of the aforesaid posts, one does not have to think twice before coming to the conclusion that these posts have the tendency of promoting enmity between Kashmiris and other people living in the Country. It is also clear from the language of these posts that the same have the tendency of undermining sovereignty and integrity of the Country. The posts are bluntly prejudicial to the maintenance of harmony between various communities and these are likely to disturb public tranquillity. Thus, it cannot be stated by any stretch of reasoning that these posts do not constitute any cognizable offence, as has been contended in the petition,” the Court held.

Consequently, the Court ordered, “A perusal of the copy of the affidavit annexed to application for grant of interim relief would reveal that the petitioner at the time of swearing the said affidavit was stationed in Malaysia and not in Jammu and Kashmir. The affidavit is not attested by the competent authority. In fact, it is not attested by any authority at all. Even after resumption of normal functioning of the Courts, the petitioner has not submitted a duly attested affidavit in support of the petition and the application. On this ground also, the instant petition cannot be entertained.”

Accordingly, the High Court dismissed the Petition.

Cause Title: Mubeen Ahmad Shah v. UT of J&K & Ors. (CRM(M) No.212/2020)

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