A city court on Wednesday directed the police to proceed under the provisions of law against the inspector general of police, Traffic, Basant Rath and other officials if they were found involved in any cognizable offence.
The directions came after the proprietor of the Hotel Jahangir filed an application through his counsel Ishtiyaq Khan, seeking the registration of an FIR against Basant and officials of the Srinagar Municipal Corporation for “illegally dismantling canopy of the hotel.”
Advocate Ishtiyaq pleaded that the IG traffic has the authority to regulate the traffic but no powers under the law to dismantle a structure or any part of it.
Before the court of chief judicial magistrate Srinagar, he produced a video recording of the dismantling of the canopy of the hotel, the certificate granting the hotel approval for the construction of the canopy and some photographs to support his claim that canopy was legally part of the hotel since 1970.
He further submitted that the rule of law should prevail and no one should be allowed to violate the laid down law of the land.
“My client has faced damages due to illegal action of these officials. IG traffic has no authority to demolish any structure in his public or official capacity. He cannot direct SMC officials what to do and what not to do,” he submitted before the court.
After hearing applicants and respondents on the application (seeking registration of FIR) and taking material submitted by the counsel on record, the court directed the police to act under the law against the officials.
The court forwarded all the material which the applicant submitted before the court as proof and evidence to station police officer Shaheed Gunj with directions to invoke relevant provisions of law and proceed.
“In order to ascertain the factual position on spot the documents submitted by the counsel for the applicant purported to be the sale deeds and permission for construction of the canopy on spot along with the soft copy (pen drive) are forwarded to the officer incharge of the police station Shaheed Gunj along with this order, who shall after considering all aspects of the matter proceed in terms of relevant provisions of law,” the court said.
“In case any cognizable offence suspected to have been made shall proceed in the matter in terms of relevant provisions of law.”
The case was listed for a hearing on 9 June 2018.