SRINAGAR, SEPTEMBER,20 :
A court in Baramulla has ordered Tehsildar, Aijaz Ahmad Khuroo, to pay Rs 10 lakh as interim lump sum compensation within 30 days to aggrieved persons in the north Kashmir district.
The order was passed by JMIC (Sub Judge) Baramulla, Manzoor Hussain, on an application filed in terms of section 12 of the protection of Women from Domestic Violence Act 2005 by an aggrieved woman along with her daughter alleging that her brother in law (Aijaz Ahmad Khuroo who is a Tehsildar by profession) is main cause of the dispute as he wanted to make her and her husband to enter into quarrel.
She further alleged that the Tehsildar wanted to get her separated from husband (Batoola Rafiq). Due to Tehsildar, she said, the dispute went to such an extent that she was thrown out by her husband from the house. Her husband is a teacher, she said.
Without going into merits of the application, the court ordered that the non-applicants/respondents be prevented from committing any further act of violence (mental, physical, sentimental, emotional or psychological) against the aggrieved person in any manner whatsoever.
“In order to ensure that no harm or damage is caused to the aggrieved person, her child and property, officer Incharge of the concerned police station shall ensure the strict compliance of this order by the respondents. In case of breach of this order on the part of the nonapplicants/respondents, the Officer Incharge of the concerned Police Station shall be required to ensure that appropriate steps/action as required under law are/is taken under intimation to this court.”
The court directed the Tehsildar to set free the husband of the aggrieved person from his captivity and stop interfering in the matrimonial life of the aggrieved person and his brother.
“As admittedly the salary of respondent no. 1 who is responsible to maintain the applicants is withheld due to absence from duties, as such, till his salary is released after resuming the duties, it would not be just and appropriate to pass any direction regarding the monthly maintenance against respondent no. 1 (husband) for the reason that before making any order the Court is to see whether the same will be executed or not. Hence, the direction as regard the maintenance against respondent no. 1 is deferred till the release and receipt of his latest salary certificate.”
In view of the seriousness of allegations leveled against Tehsildar of harassing the aggrieved person and creating dispute between her and her husband, grabbing the entire property of the aggrieved person and her husband , preventing Rafiq from attending the duties and forcing the aggrieved person to leave the company of her husband and coming to this Court, it would be prima facie rightful to say that such an act allegedly attributed to him amounts to mental injury and sentimental/emotional distress and economic abuse caused to the aggrieved person, the court said. “Therefore, it would not be appropriate to let respondent no. 2 (Tehsildar) to escape from legal action. Hence, the respondent no. 2 (Tehsildar) is directed to pay interim lump sum compensation to the tune of Rs. 10 lacs payable within 30 days of making of this order to the aggrieved person on account of loss/damage suffered by her due to commission of aforementioned acts by respondent no. 2 (Tehsildar).”
The court said that the Tehsildar is required to maintain the code of conduct as required under the Jammu And Kashmir Government Employees (Conduct) Rules, 1971 in his public and private life.
“As per Government instructions, a Government servant is expected to maintain a reasonable and decent standard of conduct in his private life and not bring discredit to his service by misdemeanor.” The allegations raised against the Tehsildar, the court said, clearly indicate he is conducting himself in his private life below the reasonable standard and decency. “Such behavior and conduct of respondent no. 2 (Tehsildar) in his private life amounts to the violation of the conduct rules and Government instructions, hence, demand the departmental/administrative action against respondent no. 2 (Tehsildar),” the court said, adding, “Therefore, copy of this order will be sent to the Administrative Head of the respondent no. 2 (Commissioner Secretary to the Government of UT of J&K Revenue Department) for information and appropriate action needed to be taken at his end under intimation to this Court.”(KPS)