Assault on Mirwaiz: Court rejects petition of ex-mayor, two others against framing of charges

The incident dates back to November 25, 2010, when Hurriyat Conference leaders Mirwaiz Umar Farooq and Bilal Lone were allegedly manhandled by a group of activists who stormed into a seminar at Kisan Bhawan in Sector 35, Chandigarh.

By: Express News Service | Chandigarh | Published: October 5, 2018 3:39:02 am
Mirwaiz Umar Farooq. (Express File Photo) Mirwaiz Umar Farooq. (Express File Photo)

The Additional District and Sessions Court of Chandigarh Thursday dismissed the revision petition moved by former Chandigarh Mayor Asha Jaswal and two others to set aside the trial court order to frame charges against them and discharge them from the FIR for allegedly manhandling two Hurriyat Conference leaders, including Mirwaiz Umar Farooq, in 2010.

The revision petition, filed by Asha Jaswal (62), councillor Sunita Dhawan (62) and Dinesh Singh (31), was dismissed by Additional District and Sessions Judge Dr Ajit Attri. Charges in the case are expected to be framed against the accused at the next hearing.

According to court orders, in July 2017, the JMIC Court of Hirdejit Singh had ordered dismissal of the discharge application of the accused and that charges be framed against them. However, the accused moved the ADJ court against the trial court order.

The accused mentioned that the order passed by the JMIC court was not sustainable as there was no evidence to warrant the order for the framing of charges against the petitioners. The petitioners argued that no prima facie case had been made out against them. It is argued that there is no evidence to prove the involvement of the petitioners for causing loss to public property nor is there any common intention. It was also contended that the case of the petitioners that the present FIR is nothing but the result of a political vendetta against the petitioners.

While dismissing the petition, the Court order stated, “…there is no illegality or perversity in the order passed by the trial court. The revision petition is dismissed being without merits…” Meanwhile, another application of Chandigarh Police for withdrawing the case against 21 people, including former Chandigarh Mayor Asha Kumari Jaswal, former councillor Rajinder Kaur and present councillor Sunita Dhawan, has already been dismissed by JMIC Saloni Gupta in June. The accused are on bail now.

Chandigarh Police which had already filed the chargesheet in the case, had moved application for withdrawing the case against the accused persons which was dismissed.

The incident dates back to November 25, 2010, when Hurriyat Conference leaders Mirwaiz Umar Farooq and Bilal Lone were allegedly manhandled by a group of activists who stormed into a seminar at Kisan Bhawan in Sector 35, Chandigarh. Mirwaiz was in Chandigarh to address a seminar on Pakistan-India relations and Kashmir.

According to reports, the incident took place when Mirwaiz began to address a seminar on Kashmir and Indo-Pak relations. The organisers immediately jumped in to save Mirwaiz. Following the incident, chaos prevailed inside the hall for about half an hour as the protesters shouted slogans against Mirwaiz, Hurriyat Conference and Pakistan and also pelted stones and hurled flower pots.

Chandigarh Police then rushed in more constables to control the situation. Later, 21 activists, including some women, were arrested.

The 21 people booked included Asha Jaiswal, former councillor Rajinder Kaur, present councillor Sunita Dhawan, Sanjay Kaul, Sanjeev Rana, Hemant Galav, Amit Rana, Dr Meena Sharma, Chandan Sandhu, Satyavan Shera, Vijay Bharadwaj, Arvind Rana, Sunil Kansal, Sanjeev Verma, Parvesh Sharma, Jaishri, Dinesh Chauhan, Shumanshu Sharma, Usha Sharma, Devshri and Santosh Sharma. They were all booked under sections 147 (punishment for rioting), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 323 (punishment for voluntarily causing hurt) of the IPC and Section 3 of Public Property Damage Act. The case was registered on the complaint of two event organisers, Kheta Singh and Karnail Singh.

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