Leh court closes case against former IB officer booked for defaming Shia community

A court in Leh recently discharged retired Intelligence Bureau (IB) officer Tej Singh Tanwar in a criminal case accusing him of making a defamatory statement against the Shia community of Ladakh during a discussion with media channel Aaj Tak in 2021..Tanwar had said that a militant organisation called Hizbul Momineen, which was reportedly active in Kashmir during the early 1990s, had links with Shia community in Ladakh. Anjuman Imamia, a prominent religious organisation in Leh, then filed a police complaint against Tanwar. He was booked under Sections 188 (disobedience to order duly promulgated by public servant), 298 (uttering words, etc., with deliberate intent to wound the religious feelings) and 500 (defamation) of the Indian Penal Code and later charge-sheeted for the offences .While discharging Singh, Chief Judicial Magistrate Tsewang Phuntsog said the records made available by the media house did not mention the word "Shia," let alone "Shia Community of Ladakh."The same implies that there was nothing in the accused's statement that referred to the Shia community of Ladakh, the Court added.Hence, it closed the case against him for offences under of hurting religious sentiments (Section 298) and defamation (Section 500)."Pertinently, the statement of the accused made on the television show of TV Today on 30/01/2021 is the basis of the complaint. Thus, considering the material available on the record as a whole, this Court is of the opinion that no case for proceeding ahead against the accused for commission of offences punishable u/Ss. 298 and 500 IPC is made out," it observed..Tanwar's counsel had earlier argued that for Section 188 of the IPC, there must be an order issued by a public servant, which was absent in the case. It was also submitted that the case was filed in Leh for a statement allegedly made by the accused outside the Union Territory.Even if such an order had been issued, it would not apply to statements made outside of Leh, the Court was told..It was also argued that the accusation was unfounded and the requirements for offences under Sections 298 and 500 of the IPC were not met.On the other hand, the Assistant Public Prosecutor (APP) argued that there was enough evidence on record to press the case against the accused. .While finding no case made out against Tanwar, the Court said there was neither any mention of any promulgation in the chargesheet nor any promulgation attached to it."Thus, there is nothing on record to proceed ahead against the accused in respect of the offence punishable u/S. 188 IPC also," it added.The Court accordingly discharged the accused for the offence under Section 188 too. .Advocate Vikas Malik appeared for Singh.Additional Public Prosecutor Tsering Phuntsog appeared for the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.