New Delhi

The Jammu and Kashmir High Court has quashed an FIR against a government degree college lecturer for allegedly disrespecting the national Anthem.

On a case filed by the students of the college against Dr Tawseef Ahmad Bhat, the Court held that as per the contents of the complaint, no cognizable offence has been committed.

Tawseef Ahmad Bhat was working as a lecturer on contract basis at Government Degree College in Bani, Kathua, in Jammut. He was booked in September 2018 for allegedly dishonouring the national anthem at a function held to celebrate the surgical strike by the Indian Air Force on Balakote in Pakistan.

The college students had in a written complaint brought the matter to the notice of Sub divisional magistrate (SDM) Bani, who forwarded the same to police. The students alleged that Dr Bhat was roaming around in the ground when the students’ assembly was singing the national anthem.

Justice Sanjeev Kumar observed that from the perusal of the impugned FIR, it clearly transpires that it does not attribute any act to the petitioner that may tantamount to preventing anybody from singing the Indian national anthem, or causing any disturbance to the assembly engaged in such singing.

“Failure of the petitioner to participate in the assembly engaged in singing of national anthem, intentionally or otherwise, and roaming about in the school premises where the assembly was engaged in singing the national anthem, in my opinion, would not amount to either preventing the singing of national anthem or causing any disturbance to the assembly engaged in such singing,” he observed.

“The conduct of the petitioner, if intentional, may amount to showing disrespect to the national anthem and a breach of fundamental duty enjoined on citizens of the country by Article 51A of the Constitution.

“The petitioner by losing his contractual job has already paid the price,” Justice Kumar observed quashing the FIR.