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SRINAGAR : The Jammu & Kashmir High Court on Friday 21-07-2023 set aside a proclamation issued against a noted journalist Emaad Makhdoomi in a private business related complaint filed under Section 138 of NI Act in the Court of City Judge/JMIC Srinagar Ms. Fozia Paul.
Earlier on 07-04-2023, The High Court of J&K had directed the City Judge/JMIC Srinagar Ms. Fozia Paul to proceed in the complaint without seeking the personal appearance of Emaad Makhdoomi.
The single-judge bench of Justice Javaid Iqbal Wani while hearing Makhdoomi’s petition challenging the 06-05-2023, 29-05-2023 and 03-07-2023 orders of City Judge/JMIC Srinagar Ms Fouzia Paul which had directed issuance of arrest warrants and proclamation against Emaad Makhdoomi noted that
“The magistrate apparently seems to have observed the order passed by the High Court of J&K on 07-04-2023 in breach, which this necessitates calling for an explanation. Accordingly, the Registrar Judicial of this Court to seek an explanation from the Magistrate to be submitted by or before the next date of hearing”.
The High Court of J&K after hearing in the submissions of Advocate Hakim Suhail Ishtiyaq for Emaad Makhdoomi ordered that “ The Magistrate is directed to take on record the undertaking claimed to have been filed by the petitioner (Emaad Makhdoomi) and proceed in the matter in accordance with law as also in accordance with the order dated 07-04-2023 passed by this Court, notwithstanding the pendency of the instant petition. Furthermore, the operation of the impugned ordered dated 06-05-2023, 29-05-2023 and 03-07-2023 passed by the Magistrate shall remain on hold”.
