A city court on Friday dismissed a petition seeking a case be registered against the former Inspector General of Police-traffic- who had ordered dismantling of a hotel canopy extending onto a road here.
The court of Chief Judicial Magistrate Srinagar dismissedthe petition that sought registration of a First Information Report (FIR)against the police official Basant Rath who was the IGP Traffic at the time ofthe canopy dismantling in 2018.
The court was hearing the case filed by proprietor of theHotel Jahangir against Rath for “illegally dismantling canopy of the hotel”.
The court observed that while the standing counsel forPolice Headquarters and Home Department, Mir Naveed Gul who represents Rath,have been present on hearings the petitioner has not appeared before the courtfor several hearings.
“It is apparent that petitioner is not interested inperusing the case. Therefore, the petition is dismissed,” the court said.
In his application, the petitioner through his counseladvocate Ishtiyaq Khan had pleaded that the IGP Traffic had the authority toregulate traffic but had no powers under the law to dismantle a structure orany part of it.
He had produced a video recording of the dismantling of thecanopy of the hotel, the certificate granting the hotel approval for theconstruction of the canopy and some photographs to support his claim thatcanopy was legally part of the hotel since 1970.
Advocate Gul cited a report from concerned police stationabout the matter.
“During the (Police) verification it also got revealed thatthe traffic police was only controlling and regulating the traffic on the roadsand were performing their duties in a lawful manner. SMC has removed theencroachments which were causing obstruction in the smooth running of vehiculartraffic as well as the free movement of the pedestrians,” Gul said in thecourt, pleading for dismissal of the petition.