Apex Court Quashes Non-Bailable Warrant Issued By J&K Court Against Madhu Kishwar

The Supreme Court today (22 September) 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 24 July order was not placed before the magistrate.

The apex court, in its 24 July 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 count’s top court had on 15 September stayed the NBW against Kishwar in the complaint filed by Syed Shujaat Bukhari, Editor-in-Chief of a daily published from Srinagar.

Kishwar had claimed that on the basis of a "few tweets" posted by her on her Twitter handle regarding the state of the media in Kashmir, the complaint was filed against her alleging that these tweets were defamatory.

The apex court had earlier said if the video-conferencing facility was not available in the Srinagar district court where the matter was pending, then the proceedings may take place at any appropriate place or court as per the direction of the Chief Justice of the Jammu and Kashmir High Court.

It, however, had clarified that it would be open to the trial court to make any appropriate modification in this arrangement to ensure that the trial is not delayed.

Kishwar had earlier approached the apex court challenging the 24 May order of the high court dismissing her plea seeking transfer of the criminal defamation complaint against her from a court in Srinagar to Jammu.

Her counsel had told the top court that the high court had failed to appreciate the "explosive and life-threatening law and order situation" in Srinagar and the risk it would pose to her life. PTI

Also Read: Can A Kashmir CJM Defy SC? The Curious Case Of Criminal Defamation Against Madhu Kishwar