Court summons Naib Tehsildar to explain ‘wilful disobedience’ of court orders

Srinagar: A trial court at Srinagar has sought personal appearance of Naib Tehsildar, Srinagar (South), to explain why he flouted the court order dated 30 January, 2021, wherein the court had directed for protection of a widow and her three daughters and had asked the non-applicant (Mukhtar Ahmad Shah) to stop threatening and intimidating the family over a civil dispute.
The court of the 3rd Additional Munsiff passed this direction after hearing the contempt plea filed by the petitioner, Aarifa Waheed, who alleged that the Naib Tehsildar along with the DO/SHO Humhama, Budgam, on 27 March, 2021, accompanied with huge police force on the orders of Tehsildar South went to the residential place of the petitioner in consonance with the non-applicant to forcibly erect an iron gate in the middle of the common pathway, blocking the movement of the petitioner and her family, and flouting the court orders dated 30 January, 2021.
On 30 January, the trial court had directed Police Post Humhama to provide protection to the life and property of the applicant and to allow the applicant to use the common pathway till the disposal of the civil suit pending before the court.
The court had also directed that the applicant be provided her electricity and drainage supply from the same side which the family had been using for the past twenty years. It was further directed by the court to the non-applicant to stop threatening and intimidating the applicant.
The trial court recorded in its order today that the Naib Tehsildar, Srinagar (South), had apparently flouted the court order dated 30 January, 2021, and failed to comply with the directions of the court. “As such, show cause notice is issued against you for your wilful disobedience to explain as to why proceedings under law shall not be initiated against you,” reads the court order.
“You are directed to cause your personal appearance before this court at 11 AM on 6 April, 2021, failing which appropriate action may be taken against you,” the order adds.
Earlier, a video widely circulated on social media on 27 March showed a woman accusing the police of helping her neighbour, Mukhtar Shah of Rathpora Eidgah, in attempts to usurp her family’s property and also harassing the family.

The visibly distraught woman in the video was Aarifa Waheed, a resident of Hyderpora’s Al-Noor colony on Srinagar outskirts. In the video she pointed at policemen and policewomen and said that they were brought to “manhandle” them. “They hit us and they brought these women (cops). They are building a gate over illegal property,” she said in the video while showing her bruised finger.

She also said that the property over which the gate was being constructed was jointly owned by them and their neighbour. “They hit my mother and grandmother. We were only three women in the house at that time: I, my two kids, my mother and grandmother. They didn’t wait for us to show documents,” she said and showed civilian construction workers laying concrete and a posse of policemen present there.

“There is a stay order on this property. Share this video as much as you can,” she said in the video. “He (Shah) is taking over this property. We have the proper papers. He is taking over the property illegally. Help us, please. They can even murder us; we are only three women in our house.”

Aarifa’s sister, Insha Waheed, had told Kashmir Reader that since their father’s death in April 2018, Shah was harassing them.

“He harassed my mother especially after our father passed away. He once tried to remove an electric pole, and when we asked why you are doing this, he said, ‘I am doing this and no one can stop me’,” Insha said.

Police had denied the allegations about using force after the video went viral. In a statement, the police said that “The police party was on the spot to assist in the implementation of an order issued by Tehsildar South City Srinagar for which proper communication and request was made by concerned revenue authorities in writing. No use of force was made or any misbehaviour was done by Police. The Police party was there to aid and assist concerned revenue authorities.”

NUSRAT SIDIQ