Court asks police to file ATR on plea for FIR against Owaisi

A court here has asked Delhi Police to file an action taken report on a criminal complaint seeking lodging of FIR against AIMIM President Asaduddin Owaisi for alleged offences of sedition and causing enmity between different groups.

The court’s direction came after the complainant informed it that in pursuance to its earlier order, he has provided to police the copy of recording of All India Majlis-e-Ittehad-ul Muslimeen (AIMIM) leader Owaisi’s alleged objectionable statement and other documents.

Chief Metropolitan Magistrate Munish Markan fixed the matter for October 7 for filing of police report and further proceedings.

On the direction of court, the official of Karawal Nagar police station in north east Delhi had earlier filed a status report saying the complainant has not provided it the copy of recording of Owaisi’s alleged objectionable statement.

The report had also said that complainant Brijesh Chand Shukla, Swaraj Janata Party’s national president, had not brought any person who had heard the alleged remarks given by the leader.

The complaint alleged that on March 13, Owaisi had voluntarily said that “even if somebody puts a knife at me, I will not say ‘Bharat Mata ki jai’” and his expression showed “disaffection and includes disloyalty and all feeling of enmity”.

Earlier, the complainant’s counsel had said the matter comes under the definition of section 124A (sedition) of IPC as the statement made by Owaisi showed his disloyalty and disaffection towards the nation.

The complaint sought a direction to the police to lodge an FIR against Owaisi for the alleged offences under sections 124A (sedition) and 153A (promoting enmity between different groups on grounds of religion, race etc) of IPC.

The plea alleged that the act of Hyderabad MP showed he was not loyal to India and was trying to harm the country’s reputation and his statement comes under the definition of sedition charge.

“...It is correct that our Constitution does not permit to say ‘Bharat Mata Ki Jai’ but the Constitution also does not allow to say ‘koi meri gardan par churi rakh de tab bhi mai Bharat Mata ki jai nahi bolunga’ (even if somebody puts a knife at my neck, I will not say Bharat Mata ki jai),” it alleged.

The complainant said he had filed the complaint in this regard with the Delhi Police but no action was taken and thereafter, he approached the court.