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
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.