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| Declared history sheeter by Police, BSP leaders gets reprieve from court | | | EARLY TIMES REPORT
Jammu, Nov 27: Quashing the police order declaring the petitioner as a history sheeter in the surveillance register No 10, Justice Nirmal Singh of J&K High Court Jammu Wing in a petition filed by Badri Nath, claiming to be a BSP leader and owner of stone crusher, directed that action, if any taken, on the basis of the said entry shall stand quashed.
In the approved for reporting judgment, Justice Singh, after hearing Adv KS Johal appearing for the petitioner and Additional Advocate General, SC Gupta appearing for the State, observed that the petitioner stands acquitted in two criminal cases registered against him in 1983 and 1986. It has not come on record that any other case is pending against the petitioner. Even the respondents have failed to show that before entering the name of the petitioner in the surveillance register and declaring him as history-sheeter, the procedure as prescribed in rule 702 has not been followed. The impugned certificate issued in favour of the petitioner is thus in violation of the said rules. The Executive Magistrate (Ist Class) Jammu on the verification done SHO Police Station, Pir Mitha Jammu issued a certificate in favour of the petitioner on February 20, 2004 mentioning therein that petitioner bears a good moral character, but subsequently on the report of SHO Police Station Trikuta Nagar Jammu, the SSP Jammu issued the impugned certificate after taking note that two FIRs were registered against the petitioner which pertain to the year 1983 and 1986, in which the petitioner already stands acquitted. Except these two cases, no other case has been shown to be pending against the petitioner. Even the petitioner has not been involved in security proceedings from the last about 22 years. The respondents have failed to show any material on the basis of which the name of the petitioner can be directed to be kept in the surveillance register No 10. With these observations, Court quashed the said order. JNF |
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