SRINAGAR: The Jammu and Kashmir High Court has stayed the proceeding of a case against Municipal Committee Pattan in a trial court at Pattan after special mobile magistrate had directed to seize the accounts of the Committee.
The court while staying the order passed directions that Municipal Committee shall be entitled to operate their accounts which were seized on Magistrate’s directions.
Special Mobile Magistrate Electricity Court in its order dated 14-11-2017 had directed the Director Urban Local bodies to deposit an amount of 2,78,748 in the court. It further ordered that till realization of the amount, all accounts of the Municipal Committee Pattan shall stand seized.
In the order, the magistrate had further directed SHO, Pattan to produce the Executive Officer and the Administrators of the Municipal Committee to explain why they shall not be proceed for commission of theft and to submit compliance report for registration of the case against them.
As per the Section 115 of the Jammu and Kashmir Electricity Act, 2010, the Special Courts are constituted only for the purpose of speeding up the trials of offences like theft of electricity, electric lines and meters, interferences with meters and injuring works.
Deputy Advocate General, Hashim Hussain said, “the matter concerns a demand notice, the magistrate has proceeded in matter without any jurisdiction.”
The court directed senior Additional Advocate General, BA Dar to file detailed report regarding the registration of the case at Police Station Pattan.