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HC refuses to give interim protection from arrest to Kishwar

Press Trust of India  |  New Delhi 

The High today refused to grant interim protection from arrest to activist Madhu Kishwar, against whom a non-bailable warrant has been issued by a in a criminal defamation case.

Justice Vinod Goel questioned her for approaching the High when the Supreme had entertained her plea to participate in the proceedings at through video-conferencing from a


She submitted that an NBW warrant was issued against her despite the apex court's July 24 order permitting her to participate in the proceedings in through video conferencing in a defamation case filed by Kashmir-based journalist Syed Shujaat Bukhari.

The high asked Kishwar's counsel as to what steps have been taken by them following the Supreme Court's July 24 order permitting her to participate in proceedings at through video-conferencing from a

"Why protection? What steps have you taken? You want to avoid the trial. No interim protection," the judge said, adding that she wanted to delay the trial and also avoid video conferencing.

"Have you filed an application before the trial Give a copy of the Supreme order to the trial and, if you fail to get relief from there, move High

"You go and make a representation to High and inform about the Supreme order. You want to avoid video conferencing," the said.

Kishwar, in her plea, sought quashing of the NBW issued against her by the trial on August 26 in the defamation case and said if the NBW is not stayed, the apex order will be defeated.

Advocate Ravi Sharma, appearing for Kishwar, submitted that considering the situation prevailing in Kashmir valley, the apex had exempted Kishwar and her counsel from personally appearing before the trial and directed the trial to conduct the proceedings through video conferencing.

He argued that the trial issued NBW disregarding the apex order and said if the connects Kishwar through video conferencing, she was ready to appear before the any moment.

The counsel, who claimed they have placed a copy of apex order before court, said the trial issued NBW for September 16 and Kishwar could be arrested, if not provided interim protection from arrest or the warrant is stayed.

Additional standing counsel of Police, Nandita Rao, opposed the plea saying the apex has given liberty to the petitioner to organise video conferencing from to and they should approach the registrar general and get it done.

"Through video conferencing, she can file an application for cancellation of NBW before the Indirectly, they are seeking anticipatory bail from this and stay on the matter. Even the Supreme had refused to transfer the case from She can move High for any relief," the Police counsel argued and submitted a status report in the

The judge also questioned the activist for not impleading the complainant journalist as a party in this matter, saying he would be taken by a surprise if this passes any order.

The listed the matter for October 13.

Kishwar, in her petition, claimed that on the basis of a "few tweets" posted by her on her Twitter handle regarding the state of the media in Kashmir, a complaint was filed by Syed Shujaat Bukhari, the Editor-in-Chief of a daily published from Srinagar, alleging that these tweets were defamatory.

She had approached the apex challenging the May 24 order of High dismissing her plea seeking transfer of the criminal defamation complaint against her from a in to Jammu.

The apex had allowed her to participate in proceedings at through video-conferencing from a

It had said if video-conferencing facility was not available in the district where the matter is pending, then the proceedings may take place at any appropriate place or as per direction of the Chief Justice of the High

It, however, had clarified that it would be open to the trial to make any appropriate modification in this arrangement to ensure that trial is not delayed and that "this order will be subject to the proceedings not being obstructed in any manner".

Kishwar had claimed that the apex should consider the "continuing surcharged atmosphere in the Kashmir Valley, where even policemen are being lynched and security forces face murderous attacks every day".

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, September 11 2017. 19:42 IST
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