Srinagar- A local court has directed police to file a case against Sub Divisional Magistrate (SDM) Gurez and probe the allegations of assault leveled against him by a Scheduled Tribe (ST) lecturer posted in North Kashmir’s Bandipora district.
The court of Judicial Magistrate 1st class Gurez, has directed “SDPO Gurez to register FIR against SDM Gurez and personally investigate the matter” after the senior civil administration official was accused of assaulting the Lecturer and abusing ST/SC community and the reservation scheme.
The court order came almost a fortnight after Kashmir Observer in its weekly programme Inkishaf had reported the physical assault of the lecturer by his senior. The case didn’t attract any punitive action prompting many to question the SC-ST Act for failing to protect the rights and dignity of Tribals in JK.
Bilal Ahmad Magray, a lecturer posted in Government Girls Higher Secondary School Dawar, Gurez approached the court alleging that SDM physically assaulted him and passed casteist slurs and abuses against him besides using derogatory words against SC/ST community to which he belongs.
Pertinently, Magray in his application had alleged that he had registered a complaint against SDM Gurez and Bandipora administration with Lieutenant Governor’s Grievance Cell after he was assigned the ‘undignified’ duty of overseeing the main gate during the Gurez Festival held last month with much fanfare.
In view of the complaint, the accused SDM was instructed by ADC Bandipora to redress the grievance of the lecturer. As per Magray’s application, when the lecturer was directed by the Head of the Institution to reach the SDM office in connection with the said grievance, the SDM ordered his peon to “close the office door from outside and not to let anyone in, without his permission” as soon as he reached the SDM’s office.
“That accused person misused his official position as Public Servant and resorted to illegal, unreasonable, unfair and unjust acts aimed against the applicant because the applicant filed his grievances before the Governor’s Grievance Cell…,” Magray had alleged in his complaint. Magray had also alleged that he was then beaten, abused and threatened with dire consequences.
The applicant further alleged that he being a law-abiding citizen had approached SHO Police Station Gurez requesting him to register the FIR but the Police refused to do so despite recording his statement and verifying medical records in Sub-District Hospital Gurez where Magray had gone for treatment after alleged assault.
Magray approached the Court of Judicial Magistrate Gurez after his attempts to persuade the police to register an FIR failed.
According to his application, he besides having approached SHO Gurez, had also written to SP Bandipora and SDPO Bandipora requesting them to direct the registration of FIR and also informing them about the rights of the applicant under the SC/ST Act and also the ill-treatment he was subjected to being the member of the socially backward community but to no avail.
The Court presided over by Towfeel Ahmad Mir noted that “After hearing the applicant and after perusal of the application along with annexed record prima facie it seems that cognizable offences have been committed by the accused. The act of the accused makes out the essentials of cognizable offences, which warrants registration of FIR”.
While invoking an example from another case, the court said that In Lalita Kumari us Govt. of UP & Ors, it was held by Supreme Court that registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
“Thus, I am of the considered view that the acts as alleged to have been committed by the accused does not fall with the protection of sec 197 CrPC as they are far away from the acts committed by him while acting or discharging his official duties. As such there is no need of any prior sanction before registration of FIR against the accused,” reads the court order, a copy of which lies with Kashmir Observer.
The court also said that such sanction is necessary if the offence alleged against the public servant is committed by him ‘while acting or purporting to act in the discharge of his official duty’ the yardstick to be followed is to form a prima facie view whether the act of omission/commission for which the accused is charged had a reasonable connection with the discharge of his duties.
The court also observed that prima facie there seems that cognizable offences have been committed against the applicant but concerned SHO has failed to register the FIR.
The court said, abusing and hurting a person cannot be said to be acts done while discharging public duties.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
