No criminal prosecution for official duties: HC
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Last Updated: Thursday, November 10, 2011, 21:37
Chandigarh: The Punjab and Haryana High Court has observed if public servants face criminal prosecution for performing official duties, it would become very difficult for them to work.

The observation was made by Justice LN Mittal on Wednesday while hearing a petition by Rajbir Dhiman, tehsildar-cum- executive magistrate in Kurukshetra, and others challenging an Additional Sessions Judge order of framing charge sheet against them under SC/ST Act.

The high court quashed the lower court's order and discharged the petitioners from the case filed by Pehowa resident Rajesh Kumar.

Rajesh had alleged that Dhiman and some others had used unparliamentary language with reference to his caste during an anti-encroachment drive.

Dhiman and his team had gone to demolish an unauthorised temple and a cow-shed constructed by Rajesh on a public land.

Justice Mittal said menace of land grabbing by raising unauthorised religious structure has been taken note of by the Supreme Court and it has directed all states and UTs to ensure that no unauthorised construction shall be carried out or permitted in the name of temple, church, mosque, gurudwara etc on public places.

The high court said the complaint was motivated and malafide and was gross abuse of process of the court and in such circumstances, prosecution of the petitioners, who were performing their official duty of removing unauthorised construction being raised in acquired land, would result in great miscarriage of justice.


First Published: Thursday, November 10, 2011, 21:37

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