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| HC issues warrants for arrest of Trikuta Ngr PS SHO | | A case of "disappearance" of land from police custody | | Early Times Report
JAMMU, June 1: In the case of a piece of land at Chhani Himmat, which "disappeared" from police superdnama under mysterious circumstances 15 years back, Justice Hakim Imitiaz Hussain of the state high court today issued warrants for the arrest of Trikuta Nagar police station SHO.
The SHO, Inspector Abid Hussain Rafiqi did not appear in the court despite a HC contempt notice served upon him last month. The judge took strong notice to his absence. "The SHO is not present. On the last date of hearing, he was directed to appear in person to show cause as to why contempt proceedings be not initiated against him," he added."The registry reports that HC notices served upon the SHO have been received by him," Justice Hussain said.
"Under the circumstances, I direct bailable warrants to be issued to the tune of Rs 5,000 for the arrest of the SHO of Trikuta Nagar police station and for his appearing before the court," he ordered.
Justice Hussain directed that the warrants be sent to SSP, Jammu, for execution. In this case, court had directed police 15 years ago to give plaintiff the possession of land kept at their superdnama at Chhani Himmat, but in a written reply to the court, police said the property was "unidentified" till date. The court of Ist class judicial magistrate, Jammu, ordered police on April 3, 1995, to deliver possession of the piece of land to Mulkh Raj at Chhani Himmat, but till date they had not helped him to get his property back from the land mafia.
The dilly-dallying police tactics is obviously the manifestation of their remiss and own do's and don'ts. Though wretched due to the long-drawn legal battle, and indifferent police, the despondent petitioner remained committed to take his struggle to the bitter end and moved the high court through advocate Anil Sethi.
His case got a new life when high court judge, Justice J P Singh last month directed the Trikuta Nagar police station SHO to appear in person before the court on June 1 as he was held guilty of contempt.
He observed that the possession of 2.5 kanals of land at Chhani Himmat was not delivered to the petitioner despite finality attached to the proceedings under section 145 of the Code of Criminal Procedure.
Justice Singh said that during the pendency of proceedings in the court, the SHO was required to ensure compliance of the magistrate's order, which, however, was not complied with.
He had also refused to accept the submission of deputy advocate general B R Chandan appearing for police that the "land in question has not been appropriately identified by the revenue agencies".
He observed that the police station functionaries were found remiss in the discharge of their duty to deliver the possession of the land, placed on their superdnama by the court, to the petitioner.
In the case filed against Fattu Hussain of Basant Vihar, Trikuta Nagar, on September 21, 1984, Mulkh Raj alleged that his 2.5 kanals of land at Chhani Himmat had been encroached upon by the accused.
On October 9, 1984, the court attached the property and kept it on the superdnama of Gandhi Nagar police station SHO under whose jurisdiction Chhani Himmat fell that time. After the carving out of a separate police station at Trikuta Nagar, the matter got transferred there.
On April 3, 1995, the court directed Trikuta Nagar police to actually hand over the physical possession of the land to Mulkh Raj. However, even after 15 years of the court order, police had failed to identify the land which, surprisingly, was placed on their superdnama.In his petition, the complainant alleged that police role in his case was more of a "despotic" ruler than the protector of people and their properties.
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