A local court here sentenced a 50-year-old man to one year imprisonment for “obstructing a cop on duty from discharging his duties in 2010”.
After hearing prosecution and defence counsel, the court of 4th Additional District and Sessions Judge, Srinagar, Haq Nawaz Zargar, held that the prosecution has succeeded in proving its case beyond doubt.
“The accused voluntarily obstructed (the) cop in discharge of his duty. The charge against (the) accused is proven and established beyond any reasonable doubt, as such, the accused is held guilty,” the court said.
“I sentence the convict Mehraj u Din Dandroo to suffer simple imprisonment for one year and fine of Rs 1000,” it said.
It added that in case of default of payment of fine, the convict shall further undergo imprisonment for one month.
The court said that it is true that the prosecution has adduced the evidence of only police officials in order to prove offence. “But it is not good ground to disbelief their (Police) statements regarding the commission of offence by accused because they have no personal grudge or enmity against accused.”
The court observed that accused had refused to remove his auto rickshaw from wrong parking when asked by policeman on duty. The accused had obstructed the cop on duty from discharging his legal duties and assaulted him.
The court observed there are no specific rules and regulations that it is only the duty of traffic police to regulate, remove the hindrance or wrong parked vehicle on the roads.
“Since the executive police has right to maintain law and order and if there is any apprehension that any obstacle on the road would cause traffic jam leading to law and order problem, they have every right to interfere,” the court said.