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| President CF Udhampur files damage suit against CS & Ors | | Court awards Rs 2 lakh as damages | | EARLY TIMES REPORT
Jammu, Sept 20 (JNF): In a suit filed by Dwarka Nath Prashar President Citizen Forum Udhampur against of Jammu & Kashmir, through Chief Secretary, A.K. Choudhary then SSP Udhampur presently IGP, Sewa Singh then DySP, Kaka Ram SI then SHO P/S Rehmbal and Kirpal Singh ASI District Police Line Udhampur for recovery of Rs 2,50,000/- for his illegal detention for leading peaceful procession.
Principal District Judge Udhampur . AK Koul after hearing Adv K B Gupta appearing for the Dwarka Nath Prashar whereas Adv ID Sharma appearing for the defendants, allowed the suit filed by plaintiff and ordered that plaintiff is held entitled to damage to the tune of Rs 2.35 Lakh which the defendants Chief Secretary, A.K. Choudhary then SSP Udhampur presently IGP, Sewa Singh then DySP, Kaka Ram SI then SHO P/S Rehmbal and Kirpal Singh ASI District Police Line Udhampur are jointly and severely liable to pay.
According to Dwarka Nath, Prashar has stated that one young girl committed suicide on September 9, 1998 after she was raped by Dr.Sanjay Shah. Her dead body was brought to Udhampur hospital for postmortem. He also visited the hospital and after postmortem the dead body was handed over to her kin. They carried the dead body to village Drounthal .
On September 10 at about 9/10 a.m the body was carried for cremation but for some religious rites it was taken to National Highway Jammu Srinagar, for performing some religious rites at a place near the National Highway. A number of people gathered there. He also reached there. One of the sister’s of deceased was expected to come from Batote and in the mean time people started protest against the administration for their inaction. The movement of traffic on National Highway was normal.
The dead body was placed near road side and was finally taken for cremation. After 7/8 months he was arrested by ASI Kirpal Singh defendant No.5 and some other police officials. He was handcuffed and taken to Chenani. He was bailed out after two days. The charge sheet was laid against him in the court. He was however discharged on June 30, 1999. The case against him was totally false because he was simply protesting against the police for their failure to perform their duties. He commands a respect in the society and on account of his arrest and false prosecution he has suffered huge set back to his respect. He was running a confectionary shop at Udhampur and his business suffered on account of his arrest and prosecution. Apart from that he suffered mentally as well as physically. He is a social and political worker and had contested election from Janta Dal party and is also President of citizen’s forum and the Patron of Labour Union.
In cross examination he said that the people were raising slogans and he too did so. MLA Prithvi Chand and Krishan Chand were also there.
The protest continued for one and half hour. The sister of the deceased reached from Batote after one hour and so the dead body was detained till her arrival. It is a wrong suggestion that he and others were instigating the people to keep the dead body in the mid of the road. No disrespect was shown to the dead body by any one including him. |
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