Excelsior Special Correspondent
JAMMU, Apr 10: The issue of land grabbing by influential politicians, bureaucrats and Police officials, as exposed by Daily Excelsior in February 2011, took a new turn today when a Division Bench (DB) of Jammu & Kashmir High Court recorded its displeasure over Divisional Commissioner Dr Pawan Kotwal’s “affidavit” wherein the IAS officer had stated on oath that no politicians or police officials had grabbed any land in Jammu and Samba districts. Kotwal has been directed to file a fresh affidavit in accordance to requirement of the Bench or else remain personally present in the court on the next date of hearing—ten days from now.
DB, comprising Mr Justice Mansoor Ahmad Mir and Mr Justice Muzaffar Hussain Attar, issued the direction while hearing a Public Interest Litigation (PIL), pleaded by advocate Sheikh Shakil Ahmad on behalf of petitioner Prof S K Bhalla, today. In an order on March 14th, 2012, DB comprising Mr Justice Virender Singh and Mr Justice Muzaffar Hussain Attar, had directed Divisional Commissioner of Jammu to file a comprehensive affidavit in the light of the Director General of Police’s reply to advocate Sheikh Shakil’s RTI application.
Later, on the basis of a report sought from Deputy Commissioner ofJammuand Additional Deputy Commissioner of Samba, Divisional Commissioner Kotwal filed an affidavit while stating on oath that no state land had been grabbed by any of the politicians or senior Police officers inJammuand Samba districts. While examining the affidavit today, Mr Justice Mansoor and Mr Justice Attar recorded their displeasure on Dr Kotwal’s action and directed him to file a fresh affidavit or else remain personally present in the court on the next hearing. They directed that the case be listed for next hearing after 10 days.
Government of J&K through Chief Secretary, Financial Commissioner Home, Commissioner-Secretary General Administration Department, Commissioner-Secretary Revenue, Divisional Commissioner Jammu, Director General of Police, IG CIP, DC Jammu, DC Samba besides three daughters of the Minister of Irrigation and PHE, Mr Taj Mohiuddin, namely Shabnam Taj, Nausheen Taj and Arshi Taj, have been listed as respondents in the PIL.
As advocate Shakil advanced his arguments on behalf of the petitioner in the PIL, Additional Advocate General Gagan Basotra and Deputy Advocate General Vinod Bakhshi appeared on behalf the state respondents. DB observed that the status report on behalf of Divisional Commissioner Jammu was not in accordance with the order passed by the Court on March 14th. It expressed displeasure over Divisional Commissioner’s affidavit and directed him to file a fresh status report.. In case of failure, he was directed to remain present personally on the next date of hearing.
In his RTI application dated March 7th, 2011, advocate Sheikh Shakil had requested Director General of Police to provide him information whether or not Police Headquarters had taken notice of a story, carried by Daily Excelsior in its issue of February 10th, 2011, with the heading “Top police officers, politicians encroach land worth Crores”. He had sought information whether PHQ had constituted any inquiry over the Excelsior report and if yes, composition of such a committee. He had also requested DGP to make it clear whether an inquiry on the matter had been conducted, what was its status and when the inquiry report would be completed.
Acting on the RTI, PHQ replied to advocate Shakil that necessary notice of the Excelsior report had been taken and Divisional Commissioner Jammu and IGP CID had been asked to submit their findings. In his U.O, No: CIV/VIG/JZ-01/2011/292 dated 10-02-2011, AIG (CIV) at Police Headquarters wrote to Divisional Commissioner Jammu: “This has reference to the news published in Daily Excelsior, Jammu, dated February 10th, 2011, under caption ‘Top police officers, politicians encroach land worth crores’. In this regard, I am directed to request that any Police action warranted may accordingly be intimated”.
Later, vide U.O No: CIV/VIG/JZ-01/2011-334 dated 17-02-2011, AIG at Police Headquarters referred to another story, published in Daily Excelsior on February 11th, 2011, with the heading ‘politicians-police-mafia nexus duping exchequer’. He asked for similar information and Police requirement if any warranted from Divisional Commissioner.
Advocate Sheikh Shakil simultaneously filed a separate RTI application before Divisional Commissioner, asking him to make it clear whether any communication had been received on this matter from PHQ and if yes, had any action been initiated by Revenue Department. However, contrary to the reply from PHQ, Divisional Commissioner Pawan Kotwal’s office wrote to Advocate Shakil vide No: 601/RA/RTI/83 dated 18-04-2011: “I am directed to intimate you that no such communication has been received by this office from DGP J&K”.
In view of non-seriousness and dilly-dallying on the part of the government, Prof S K Bhalla later filed a PIL before J&K High Court on August 17th, 2011. It was during the course of hearing and interim directions that Divisional Commissioner Jammu filed an affidavit with the claim that no land had been grabbed by politicians or police officials inJammu and Samba districts.
In contrast to Divisional Commissioner’s condemned affidavit, astonishing revelations have been made in the PIL with regard to land grabbing. Quoting replies of PHQ to yet another RTI application, the PIL says that in Samba District alone 32 FIRs have been registered from the year 2005 to August 2011. Similarly in 5 Police Stations under the jurisdiction of SP City South Jammu, as many as 90 FIRs of land grabbing had been registered in the same period. Besides, 17 FIRs of land grabbing had been filed during same period in the three Police Station under jurisdiction of SP City North Jammu. Giving break-up, PHQ made clear to nthe applicant that seven FIRs had been filed in Janipora, three in Bakhshi Nagar and nine in the area under Police Station Nowabad.
Not only this the petitioner in his PIL has highlighted a brazen case of land-grabbing of proprietory land of two brothers namely Tilak Raj and Hem Raj, residents of Chak Lalu Shah Tehsil & District Jammu, whose land measuring 342 Kanals 4 Marlas comprised in Khasra Nos 1, 2, 3, 3 min, 33, 34 and 36 has been allegedly encroached by three daughters of Minister of Public Health Engineering, Irrigation & Flood Control Mr Taj Mohiuddin. These instances, according to PIL, were just the tip of an iceberg. It claimed that a mafia comprising Police officials, bureaucrats and politicians had been enjoying a field day in grabbing all types of land, private as well as state, inJammuand Samba districts. It has prayed for a professional investigation, comprising officials of different departments, and its continuous monitoring by J&K High Court, besides restoration of the encroached lands and punishment to the guilty under law.
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