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'Obscene Post on Whatsapp News Group lands Officer in trouble'

Baramulla Court takes strong Objection, orders Police to lodge FIR against the ‘erring’ member


Baramulla, Feb 22 (KNS): In a first of its kind, at least in North Kashmir, a local court has taken strong objection to an ‘obscene’ post published by an ‘erring’ member in a whatsapp news group ,ordering Police to file an FIR against him. The court however, has appreciated the group administrator for his prompt action by removing the member soon after the post appeared on the group, besides requesting others to refrain from such posts. The Baramulla court while taking strong ‘Suo Moto’ Cognizance of the post has directed DSP (Hqrs) to file an FIR against the member with a compliance report within two days.
“It has been tracked that one person @Irshad Ahmad, as one of the members of the Kashmir Clarion News Group has posted indecent and obscene post under the heading ‘’Baap of All jokes’’ today on 21-02-2018 at 8:57 PM which caused/causes/ has the potential to cause annoyance to other members of the news group and may hurt their sentiments. The Admin of Kashmir Clarion Group has immediately taken action against such member and has removed him from the group at 9:31 PM observing such item to be ‘indecent selection of Post”, but however, the criminal Act of the member who posted it couldn’t be purged by his removal which needs to be dealt with under law. Such act of the member has caused its ramifications in various parts including Baramulla and its cognizance can be taken at any of such places where its effects are felt.
Having learnt it from News Group Kashmir Clarion, it became imperative on the undersigned to take legal Action, being vested with the Powers in terms of section 190 Cr.P.C to take cognizance Suo moto or on mere suspicion or on information from reliable sources that some offense has taken place. The matter requires to be investigated by Police ( Cyber Crime Wing). Therefore, Deputy Superintendent of Police ( Headquarters) Baramulla is directed to lodge FIR against the accused and proceed under law. DYSP Concerned shall file compliance report within two days from the date of receipt of this order. Needless to say that no one shall destroy or try to destroy the evidence. The Police shall forthwith undertake the investigation.” reads the order.
The Honb’le Judge , Syed Fayaz Qureshi while issuing orders has termed the post as ‘ misadventure of liberty ‘ and observed that ‘ Individual liberty is a precious right and so is right to live a decent and dignified life. However, misadventures of liberty by a few is seriously responded to by operation of law because it may breach right to live decent and dignified life of others.” The ‘ obscene and derogatory’ post was Published on a whatsapp group of weekly newspaper ‘The Kashmir Clarion’, following which the administrator of the group not only removed the member but also came up with a clarification that such posts were not appreciated and cannot be approved by any merit.
While acknowledging the revolution brought by Information Technology, the honbl’e Judge cautioned about its ‘ misuse’ and observed in his two page order that ‘ judicious and meaningful use of the technology was indispensible.
“ Information Technology has brought revolution and has recognized electronic data as physical data. The laws applicable to physical data such as hard copies, written communication or oral transmission are with some adaptation applicable to e-communication . If some utterance is an offence in real world, it is an offence in digital world also. So, same standard of behavior is expected in digital world. A shift from real to virtual space has been indispensible and that is the reason for giving recognition to cyber crimes to guard against misadventures.” reads the order .
While ordering the Deputy Superintendent of Police (HQRS) Baramulla to lodge an FIR against the member, the Honbl’e Judge observed , “Law ensures freedom of speech and expression of an individual to the extent ,it doesn’t cross limits of decency and morality.” (KNS)

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