New Delhi: A Delhi court on Thursday sought an explanation from two persons as to how provisions of IPC are applicable in their complaint seeking lodging of an FIR against separatist leader Syed Ali Shah Geelani and three others for purportedly instilling "hatred" among the people of Kashmir and other parts of India.
Metropolitan Magistrate Vijeta Singh told the complainants to argue on the issue and posted the complaint for hearing on January 8 saying that as per their petition, the offences have allegedly been committed by Geelani and three others in Jammu and Kashmir.
The court`s order came after it went through the Action Taken Report (ATR) of the Delhi Police which said the alleged offence did not fall in its jurisdiction and the probe cannot be carried out under Indian Penal Code (IPC) as it is not applicable in Jammu and Kashmir where the penal provision is under Ranbir Penal Code (RPC).
On October 29, the station house officer of Mandir Marg Police Station here had filed the ATR on the complaint.
The two complainants had claimed that Geelani, the chief of the hardline Hurriyat Conference faction, who is at present under house arrest in Hyderpora in Kashmir, had on several occasions "threatened the safety and security of the government of India and its citizens" by delivering hate speeches.
Besides Geelani, the complainants had also sought lodging of FIRs against Mohd Ashraf Sahrai, General Secretary of Tehreek-E-Hurriyat, and two Hurriyat Conference members, Masarat Alam Bhat and Ghulam Nabi Sumji, for offences under various sections of IPC like 121 (waging or attempting to wage war against country) and 153A (promoting enmity between classes).
Referring to a statement by Geelani on July 28, 2013, the complaint said the Hurriyat leader had asked the people of Kashmir Valley not to rent out their houses to labourers or to those from outside Kashmir as, "according to him, India is building roads and railways in Kashmir for its own army and to strengthen its occupation".
The complainants alleged these persons have insulted the Constitution and "incurably attacked the unity and integrity of the Republic of India."
They claimed to have lodged a complaint at a police station here and added they had also approached the Delhi Police Commissioner regarding the matter but no action was taken.