Srinagar, Apr 03: Chief Judicial Magistrate Srinagar today issued non-bailable warrant against social activist Madhu Kishwar in a criminal defamation case filed by senior Journalist and Editor in Chief Rising Kashmir Shujaat Bukhari.
Taking exception to her behaviour vis a vis the case CJM Srinagar Massarat Shaheen cancelled the permanent exemption she had granted earlier and issued non bailable warrant against the accused. Ravi Sharma, the counsel for KIshwar had sought modification in the order passed by the CJM on March 22 asking her to surrender before the court. The judge rejected that as well.
In her 13-page order she had said: “Considering the facts of the application, settled law on the point and the reasons mentioned herein above the application of the accused in allowed to the extent that she will be exempted from the personal appearance permanently after she will surrender before the court on next date of hearing, will furnish bail bonds to the satisfaction of the court and will also furnish an undertaking wherein she has to undertake that she will not dispute her identity as particular accused in the case and a counsel on her behalf would be present in the court and would have no objection in taking evidence in her absence will appear before the court personally in case her statement is need to be recorded under section 342 Cr PC at later stage.”
“Counsel for the applicant is directed to produce the accused on the next date of hearing so that her statement section under section 242 Cr PC can also be recorded,” she further said that “in case accused will fail to appear before the court then her application for permanent exemption will be treated as dismissed”.
However, she did not turn up today and the counsel sought modification. The CJM issued the warrant through Chief Metropolitan Magistrate Tis Hazari Delhi and fixed the next hearing for May 4.
Advocate Syed Faisal Qadri and Advocate Vaseem Aslam appeared on behalf of the complainant.
The main complaint was filed by Bukhari seeking criminal proceedings under Sections 499 and 500 for defaming the complainant through her Tweets in July 2016 and afresh on December 2, 2016. She had levelled unfounded and malicious allegations against Bukhari, a reputed journalist and his newspaper Rising Kashmir, the compliant before the court said. In her tweets, Kishwar had alleged that “his newspaper has received funding from Indian agencies and was playing ISI script and spitting venom against India.” In response to a legal notice issued in August, Kishwar had sought compromise to amicably resolve the issue but she again resorted to hateful campaign tarnishing his image. He has sought strict action under the relevant provisions of law by initiating criminal proceedings.
The court had issued bailable warrants against her on December 4 and later on it was re-issued on December 26 when the accused failed to appear in the court. (KNS)