Srinagar
Justice J.P Singh of J and K High Court, Jammu on Saturday stayed further proceedings in an FIR until next date in a case of alleged promotion of religious enmity involving one C.M Khanna.The Court issued notice to J and K State through Principal Secretary Home Department, Director General of Police, SSP Srinagar and SHO, Police Station Ram Munshi Bagh, Srinagar.
This direction was given in response to a petition filed by CM Khanna, Pastor of All Saints Church, Sonawar; Srinagar, at present living at Prem Nagar, seeking quashing of FIR No 186/2011 dated 29th October, 2011 under Section 153-A/295-A RPC and 66-A IT Act registered at Police Station, Ram Munshi Bagh, Srinagar.

The petitioner submitted that Police Station ,Ram Munshi Bagh, Srinagar got some information from the reliable source that within the jurisdiction of the police station, some persons with malicious and deliberate intention to hurt the religious feeling of a particular religion had prepared a CD and other electronic material. Due to this there was apprehension of spreading religious enmity which could disturb peace. On this information police registered an FIR No 186/2011 under Sections 153-A/295-A RPC and 66-A IT Act on 29thOctober, 2011. A Special Investigating Team was constituted headed by a Sub Inspector to investigate the matter.
In the petition it was further submitted that before the registration of FIR, the petitioner was summoned by Central Dar-ul Futwa, J and K Srinagar Kashmir, through a letter on 26 October, 2011 asking him to present himself in their office at Shah Faisal Colony, Soura on 28th October, 2011. The petitioner reserved his right to extend challenge i.e. as to whether the existence of such Court had any sanction of law and its competence to issue summon to the petitioner. However the petitioner was again summoned to attend the said Court on 11th November, 2011. The petitioner was so pressurised that he had no option but to respond to the dictates of a Court which he firmly believed had notlegal sanctity. When he reached there, he was surrounded by around 25-30 people mostly Muslim religious heads (Ulemas). The atmosphere in the said proceedings was so surcharged that everybody was shouting insults and false accusations against the petitioner. These proceedings were highlighted almost in every local newspaper in the Valley.
The petitioner further submitted that it was in this back ground that police arrested him on 19th November, 2011 within 24 hours of Grand Mufti, Basiruddin’s warning. The petitioner was then kept at Police Station, Kothi Bagh under illegal detention. This apart, the situation in the valley because of outbursts of certain fundamentalist elements became so surcharged that he could not get services of any local lawyer from the valley and with great efforts he engaged a lawyer from Jammu. A battery of lawyers without any justification opposed the bail application of the petitioner. After hearing the parties at length the Court granted bail to the petitioner with certain conditions.
It was further mentioned in the petition that as per the reports coming in media, the Sharia Court on 19thJanuary, 2012 issued a Fatwa (decree) expelling five Christians including petitioner and imposed complete life ban on them for entering the State of J and K. It was submitted that even the essential requirements of penal provisions alleged were not prima-facie satisfied and this FIR impugned could not form the foundation or constitute the starting point of a lawful investigation. The petitioner prayed for quashing the FIR No 186/2011 and all subsequent proceeding arising out of aforesaid case. Senior Advocate B.S Salathia assisted by Advocate Monish Chopra appeared for the petitioner.