Council Chairman quashes court order to register FIR against MLC

JAMMU: The Upper House proceedings today erupted to a commotion in the question hour when legislators raised objection against “court’s interference” to direct the police to register an FIR against a sitting MLC, Showkat Ganai, against his remarks on Burhan Wani, whom he termed as a “martyr”.

Vikram Sharma

Tribune News Service

Jammu, January 16

The Upper House proceedings today erupted to a commotion in the question hour when legislators raised objection against “court’s interference” to direct the police to register an FIR against a sitting MLC, Showkat Ganai, against his remarks on Burhan Wani, whom he termed as a “martyr”.

Following the ruckus in the Legislative Council, the Chairman, Haji Inayat Ali, quashed the court order and expressed concern stating that FIR could not be registered on the remarks made by a legislator in the House.

He said the court of law had no prerogative to interfere into the proceedings of the House. Showkat Ganai, NC MLC, said the court had attempted to erode the credibility and sanctity of the Upper House. “This is not the issue of an FIR. In future, if this thing is repeated then faith in the judiciary will be lost,” he said.

Congress MLC Ghulam Nabi Monga, who also echoed Ganai’s concern, drew the attention of Leader of the House Naeem Akhter seeking a ruling from the Chairman as to how to revoke this order.

Naresh Gupta, MLC, also raised grievance against the court orders and demanded that a privilege motion be moved in the House against people involved in the issue.

Bashir Ahmed Shah Veeri, MLC, joined the chorus terming it as not only the violation of the sanctity of the House but also a dent to the constitution of the state and that of Constitution of India also. He demanded that Legislative Council Chairman Haji Inayat Ali should take cognisance of the issue, for it being a serious matter.

Veeri said the complainant was from the government and they had not only played with the constitution of Jammu and Kashmir, but also with the Indian Constitution.

A Jammu court on Saturday asked the police to register a case and start investigation into the statement of National Conference’s MLC Showkat Ganai, who reportedly called Hizbul Mujahideen commander Burhan Wani as a freedom fighter and a martyr while speaking in the Upper House of the J&K Legislature recently.

On this, Minister for Education Naeem Akhter said, “The “House is supreme. If members feel they have complaints against any issue, they can move a motion under the relevant section. Otherwise, it will lead to the contradiction of judiciary. They are free to bring in any motion.”