Early Times Report
kathua, Nov 26: Sub-judge (special mobile magistrate), Kathua, Sunil Sangra has directed SSP, Kathua, to conduct preliminary enquiry into the allegations leveled by the affected persons of Thein Dam, Basholi, under section 202 of CrPC and to submit the report on the next date of hearing, ie December 19, 2016.
"Nothing has been placed on record by the office of SSP, Kathua, which suggests that it has made no sincere effort to procure any material or official record from the office of district magistrate, Kathua, after September 9, 2016," the court said.
The court directive came in a petition filed by a resident of Poonda, Mahanpur, and 14 others affected by Thein dam, seeking a direction to the Lakhanpur police station SHO in terms of section 156(3) of CrPC to register FIR Kathua's additional DC, tehsildar, naib-tehsildar and DSP (police lines), besides the Lakhanpur police station SHO.
The petitioners' counsel submitted that on August 1, 2016, around 500 persons of 22 villages of Basohli and Mahanpur, who are affected by Thein dam, were holding a protest near Golden Gate, Lakhanpur, at around 9 am with regard to the non-settlement of issues of rehabilitation, compensation, unemployment and submergence of unacquired land due to the construction of Thein Dam at Basholi.
While they were peacefully protesting, police and civil officers arrived at the scene at around 9.15 am. Without any provocation, police allegedly beat up the protestors for nearly 30 minutes.
The court had on August 27, 2016 observed, "Before registration of FIR, it is imperative to ascertain the truth or falsehood of allegations and it seems proper to conduct preliminary enquiry into the matter before issuing the process against the non-applicants."
The court had directed SSP, Kathua, to conduct preliminary enquiry into the allegations under section 202 of CrPC and submit report by September 10, 2016. The counsel submitted that the counsel had not even complied with the interim court directions and had been seeking adjournments without any sufficient cause.
The court observed that there was no denial that the SSP had not filed the preliminary enquiry report till date but had made a submission that the district magistrate, Kathua, had not provided the official record pertaining to the alleged incident of the complaint, as such no progress had been made for filing the enquiry report.
With these observations, the sub-judge granted one more opportunity to the SSP to comply with the court order of August 27, 2016 and submit the preliminary enquiry report on December 19 without any further delay. |
