The Jammu and Kashmir High court has made two law makers, Minister for Youth Services & Sports, Imran Raza Ansari and MLC Ajat Shatru Singh as party in a Public Interest Litigation on preservation of Dal Lake.
A division bench of Justice Muzaffar Hussain Attaar and Justice Ali Muhammad Magrey arrayed the duo as party respondents in the PIL after perusing the report submitted by the court commissioners.
In their report, the Court Commissioners have stated that Ajat Shatru Singh, a sitting MLC was found raising construction within the prohibited areas of Dal lake in the Gupkar area. The report has further revealed that the enforcement officer of the LAWDA took note of the violation and sent a letter in this behalf to the Secretary, LAWDA for formation of appropriate team.
The Secretary LAWDA, according to the report, was also informed that the illegal construction could not be stopped because the security guards stationed at the entrance of the area did not permit the authorities to enter the area.
After arraying Ajat Shatru Singh as a party in the PIL, the court asked its Registry to provide him copy of the report of Court Commissioners forthwith for filing his response.
While the court directed Divisional Commissioner and Inspector General of Police Kashmir to stop the constructions carried out in violation of Court orders by Ajat Shatru Singh, it said any construction already raised shall be sealed along with the ongoing construction.
"The constructions shall remain on Superdari of Deputy Commissioner, Srinagar and compliance report in this behalf shall be filed before the Registry within four days," the court said.
The Court Commissioners have also enclosed with their report filed, a communication sent by enforcement officer of LAWDA to Vice Chairman LAWDA.
According to the communication, the enforcement officer, informed the Vice Chairman LAWDA that a meeting was convened at PCR here in which decision was taken for initiation of demolition drive against illegal structures at Habak on the foreshore road.
Subsequently, a team was constituted for enforcing the decision to demolish the illegal constructions.
The communication further revealed that the team assisted by SSP Srinagar, SP Hazratbal, SDPO Hazratbal and SHO Nigeen took steps for the demolition of illegally constructed structures.
"When the team reached Lashkari Mohalla to demolish the illegally constructed structures belonging to one Pervaiz Ahmad Joo (Matta) against whom FIR is already registered at police station Nishat, it was attacked by the mob. The demolition team and the police used mild lathicharge and tear smoke shells to disperse the mob," the communication said.
The enforcement officer has also informed the Vice Chairman LAWDA in the said commutation that at 9:39 PM, he received a phone call from cell number 9419666666 on his cell phone.
"The caller identified himself as Imran Ansari and asked the officer how he and his team demolished the illegally constructed structures at Lashkari Mohalla and also used unparliamentarily language and further threatened to kill the said officer".
He has further stated in the communication that "Imran Ansari behaved in this manner to discourage LAWDA to conduct demolition of illegally constructed structures." It is also stated in the said communication that it has been the practice of the said person in the past also.
" In view of the aforesaid circumstances, Imran Ansari is also pleaded as party respondent in this position," the court said, asking its Registry to serve copy of report of court commissioner as also the copy of communication to Ansari for filing his response by next date.
Meanwhile, the court directed the government not to transfer the enforcement officer, DSP Suhail Reshi from LAWDA till further orders from the court. "He shall continue to perform his duties in LAWDA," it directed. In a separate direction, the court directed the authorities of LAWDA to submit particulars of all such persons against whom FIR No 188 RPC was registered to the Registrar Judicial.
The court directed Divisional Commissioner, Kashmir to issue public notice in two Daily Newspapers having wide circulations informing such persons to appear before the Court on the appointed date.
"In the notice it shall be specifically mentioned that such persons have to explain as to why they shall not be punished for violating the Court orders" the court said.