State: Jammu and Kashmir

Year: 2017

Date: April 4, 2017

Source:

Lawfare, Defamation – Journalists

A Srinagar court has issued a non-bailable warrant against social activist Madhu Kishwar in connection with a criminal defamation case, reported Kashmir Reader. The warrant was issued on Monday after Kishwar failed to appear for a hearing in the case.

Editor-in-Chief of Rising Kashmir Shujaat Bukhari had filed a complaint against Kishwar, accusing her of making baseless allegations and defamatory statements against the newspaper on Twitter. In July last year, Kishwar had alleged that the daily had received funding from agencies to speak in favour of Pakistan’s Inter-Services Intelligence.

A legal notice was issued to the activist in August, after which she is believed to have sought an out-of-court settlement to resolve the matter. However, she had resorted to such campaigns again on December 2, 2016. The court had issued bailable warrants against her on December 4 and December 26, 2016. The next hearing is scheduled for Wednesday.

Kishwar has denied asking for an out-of-court settlement, according to InUth. “I told him [Bukhari] that if the court case goes on, a lot of murk will come out in public. I made the allegations based on some very highly placed sources,” she told the news outlet. She also alleged that the court had never sent her any summons. “No one can be sent a bailable or a non-bailable warrant. I was not sent any summons, but a warrant at the very beginning,” she claimed.

Updated On: September 22, 2017

SC quashes non-bailable warrant against Madhu Kishwar in defamation case

Lawfare, Defamation – Journalists

The Supreme Court today quashed a non-bailable warrant (NBW) issued by a trial court in Srinagar against activist Madhu Kishwar, against whom a criminal defamation case has been filed by a Kashmir-based scribe.

A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar and D Y Chandrachud set aside the NBW issued by the trial court last month, after the journalist’s counsel said the warrant was issued because the apex court’s July 24 order was not placed before the magistrate.

The apex court, in its July 24 order, had allowed Kishwar to participate in the court proceedings at Srinagar through video-conferencing from a Delhi court. While quashing the NBW, the bench asked Kishwar to participate in the proceedings pending before the court in accordance with the directions given in the July 24 order.

The top court had on September 15 stayed the NBW against Kishwar in the complaint filed by Syed Shujaat Bukhari, Editor-in-Chief of a daily published from Srinagar.